Story by Joel Berly
October 31, 2025
In South Carolina, wrongful death lawsuits can only be filed by a personal representative of the deceased’s estate. This individual is appointed by the probate court and acts on behalf of the deceased’s family. Family members like spouses, children, or parents cannot file directly unless they are named as the personal representative.
Key points:
If you’re dealing with a wrongful death case, understanding these rules is critical to avoid delays or missed deadlines.
In South Carolina, only a personal representative appointed by the probate court has the authority to file a wrongful death lawsuit on behalf of the deceased’s estate. This approach ensures there’s a single point of responsibility, avoiding multiple lawsuits and safeguarding the interests of all eligible beneficiaries.
The personal representative – sometimes referred to as an executor or administrator – is appointed by the probate court in the county where the deceased lived. If the deceased had a will, the executor named in it is typically appointed. Without a will, the court usually assigns a close family member, such as a spouse, adult child, or parent, to serve in this role.
The appointment process involves submitting a petition to the probate court, providing the death certificate, and, in some cases, notifying potential heirs. Once appointed, the personal representative takes on several key responsibilities, including filing the wrongful death lawsuit, collecting evidence, and ensuring that any settlement or judgment is distributed among the rightful beneficiaries. Any settlement must receive court approval, and the representative must always act in the estate’s and beneficiaries’ best interests.
It’s important to note that the personal representative does not pursue the claim for their own benefit. Instead, they act on behalf of all eligible family members, ensuring that the process is centralized and fair.
Family members – such as spouses, children, parents, or other relatives – cannot file a wrongful death claim directly unless they are formally appointed as the personal representative.
Unmarried partners face additional restrictions. Unless legally recognized as heirs through marriage, blood, or adoption, they cannot file or benefit from a wrongful death claim. South Carolina law does not grant legal standing to "significant others" or unmarried partners unless they are formally designated as the personal representative.
If disputes arise over who should serve as the personal representative, the probate court steps in to make the decision. Factors like the deceased’s will, family relationships, and the estate’s best interests are considered. These disagreements can lead to delays in the wrongful death claim process. Additionally, if a personal representative fails to fulfill their duties or acts against the estate’s interests, the court has the authority to remove or replace them to keep the claim moving forward.
For personalized guidance on wrongful death claims in South Carolina, reach out to the experienced attorneys at Berly Rouse Attorneys in Charleston, SC.
In South Carolina, while only a personal representative can file a wrongful death lawsuit, the compensation is distributed to specific family members based on a legally defined hierarchy. This system prioritizes the closest relatives of the deceased and outlines how the settlement is divided.
Under South Carolina law, the surviving spouse and children are first in line to receive compensation from a wrongful death claim. The settlement distribution is straightforward, ensuring a fair allocation among these immediate family members.
Adopted children are treated the same as biological children under South Carolina law. However, stepchildren must have been legally adopted by the deceased to qualify as beneficiaries.
If the deceased has no surviving spouse or children, the law moves to the next eligible relatives.
When no spouse or children survive, the deceased’s parents are next in line to receive compensation. If both parents are living, they share the settlement equally. If only one parent survives, they receive the full amount. However, parents who abandoned the deceased before the age of 18 are excluded from receiving compensation. Courts may require proof of an ongoing relationship to confirm eligibility.
If no spouse, children, or parents survive, the settlement may go to other legal heirs, as determined by South Carolina’s intestate succession laws. This could include siblings, nieces, nephews, or more distant relatives, depending on their legal relationship to the deceased.
It’s important to note that only individuals related by blood, marriage, or legal adoption are eligible. Non-family members – such as fiancés, long-term partners, or significant others without a legally recognized relationship – are not entitled to compensation under South Carolina law.
Navigating the complexities of a wrongful death claim can be overwhelming. The attorneys at Berly Rouse Attorneys in Charleston, SC, are available to guide families through the process, ensuring clarity and proper distribution based on each unique situation.
In South Carolina, wrongful death settlements are divided based on intestate succession laws. These laws strictly outline how compensation is distributed among eligible beneficiaries. The personal representative of the deceased is responsible for filing the claim and ensuring the settlement is divided according to these legal guidelines, without any personal discretion in the matter.
Under South Carolina law, the surviving spouse typically receives half of the settlement, while the other half is equally divided among the deceased’s children. Let’s break this down with some examples:
For a $600,000 wrongful death settlement where the deceased is survived by a spouse and three children, the spouse would receive $300,000, and each child would receive $100,000. This rule applies regardless of whether the children are minors or adults.
If the deceased leaves behind only children, the entire settlement is split equally among them. For instance, if there are three children, each would receive an equal share of the settlement.
In cases where there is no surviving spouse or children, the deceased’s parents become the primary beneficiaries. If both parents are alive, they split the settlement equally. For example, in a $400,000 settlement, each parent would receive $200,000. If only one parent survives, they would receive the full amount.
When no spouse, children, or parents survive, the settlement may be distributed to siblings or other legal heirs according to South Carolina’s intestate succession laws. In these situations, the court determines the distribution based on the deceased’s family structure and legal relationships.
| Family Situation | Settlement Division | Example ($400,000) |
|---|---|---|
| Spouse + 2 children | Spouse: 50%, Children: 25% each | Spouse: $200,000; Each child: $100,000 |
| 3 children only | Equal shares: 33.3% each | Each child: ~$133,333 |
| Both parents only | Equal shares: 50% each | Each parent: $200,000 |
| One parent only | Full amount: 100% | Parent: $400,000 |
While these are the standard guidelines, certain exceptions can change how settlements are divided.
Some situations create exceptions to the usual distribution rules. For example, a parent who abandoned the deceased before they turned 18 is legally barred from receiving any portion of the settlement.
Additionally, South Carolina law excludes non-family members from wrongful death settlements. This means that significant others, long-term partners, or fiancés cannot receive a share unless they are legally recognized as family through marriage, blood, or adoption.
Every wrongful death settlement is subject to court approval, whether it’s reviewed by a probate court, circuit court, or United States District Court in South Carolina. The court ensures that the proposed distribution complies with state law and protects the interests of all beneficiaries, particularly minors.
Punitive damages, which may be awarded in cases involving reckless or malicious behavior, are distributed in the same way as compensatory damages. These funds are added to the overall settlement and divided according to the same legal guidelines.
To avoid disputes, the personal representative must maintain thorough records of all distributions. This ensures that every eligible family member receives their rightful share as outlined by South Carolina law.
Navigating these distribution rules can be challenging, but experienced legal support can make a significant difference. The attorneys at Berly Rouse Attorneys in Charleston, SC, are well-versed in South Carolina’s wrongful death laws and can guide families through the process, ensuring settlements are divided properly and addressing any unique circumstances that may arise.
Losing a loved one is devastating, and navigating the legal process afterward can feel overwhelming. If you’re considering a wrongful death claim in South Carolina, understanding the key legal requirements and limitations can help you avoid missteps and protect your case.
In South Carolina, you must file a wrongful death lawsuit within three years of your loved one’s passing. This deadline, known as the statute of limitations, is strictly enforced – missing it means forfeiting your right to seek compensation. However, if the cause of death wasn’t immediately clear, the "discovery rule" might apply. In such cases, the three-year period begins when the cause of death is discovered.
When a government entity or employee is involved, the timeline is even shorter – two years – and comes with strict notice requirements. Filing after these deadlines will result in dismissal of your case, so acting quickly is essential. Consulting an attorney early can ensure you meet these critical deadlines and avoid complications.
Equally important is knowing who can – and cannot – pursue a wrongful death claim. In South Carolina, only certain family members with a legally recognized relationship to the deceased are eligible. This typically includes spouses, children, and sometimes parents. Extended family members, like aunts, uncles, or cousins, generally don’t qualify unless they meet specific conditions under the state’s intestate succession laws.
Additionally, parents who abandoned their child before the child turned 18 are permanently barred from receiving any portion of a wrongful death settlement. These restrictions ensure that only those with a legitimate legal connection to the deceased can seek compensation.
If you’re unsure about your eligibility or need help understanding your rights, the attorneys at Berly Rouse Attorneys in Charleston, SC, are available to provide guidance and support during this challenging time.
Dealing with a wrongful death case in South Carolina can be overwhelming, especially given the strict legal requirements that govern these claims. It’s important to know that only a personal representative – not just any family member – has the authority to file a claim on behalf of eligible relatives. This legal structure is designed to clearly outline the rights of surviving family members.
Eligibility follows a specific order under South Carolina law. Priority is given to spouses and children, followed by parents. Extended relatives, such as aunts, uncles, or long-term unmarried partners, are typically not eligible to receive compensation. This is because eligibility is determined by the state’s intestate succession laws, which set clear guidelines on who can benefit.
Timing is another critical factor. Claims must be filed within three years of the wrongful death, and proving such a case often requires extensive evidence and legal expertise. Compensation can cover a range of losses, including medical expenses, funeral costs, lost financial support, and loss of companionship. However, securing these damages involves navigating intricate legal processes and presenting a compelling case.
Having skilled legal representation can make all the difference. At Berly Rouse Attorneys in Charleston, SC, families receive dedicated support throughout every step of the process. With decades of trial experience, the firm ensures that families understand their rights and pursue the maximum compensation allowed under South Carolina law.
"We bring decades of trial experience and a relentless commitment to justice for the injured. Whether you’re facing a personal injury, wrongful death, or complex civil case, our Charleston-based legal team is ready to fight for the compensation you deserve."
- Berly Rouse Attorneys
The attorneys at Berly Rouse understand that wrongful death cases are not only legally complex but also emotionally devastating. Their approach balances aggressive legal advocacy with compassionate client care, providing families with clear guidance during one of the most difficult periods of their lives.
Taking swift action is crucial to protecting your family’s rights. Acting early helps preserve vital evidence and ensures that all legal deadlines are met. Consulting with experienced wrongful death attorneys early in the process lays a strong foundation for pursuing justice and securing your family’s future.
If there’s a conflict over who should act as the personal representative in a wrongful death case, it’s crucial to resolve the matter quickly. In South Carolina, the court usually appoints the personal representative, but disagreements among family members or other involved parties can complicate the process.
Getting advice from an experienced attorney can make all the difference. A knowledgeable lawyer can help settle disputes, ensure all legal requirements are met, and work to achieve the best possible outcome for your case. Reaching out for legal guidance early can help avoid unnecessary delays and safeguard your rights during this difficult period.
In South Carolina, the responsibility of filing a wrongful death lawsuit usually falls to the personal representative of the deceased person’s estate. This representative is often a family member, but it doesn’t have to be – if the deceased named someone else in their will or if the court appoints a non-family member, they can take on this role.
When it comes to compensation, it’s typically allocated to the deceased’s heirs, which might include their spouse, children, or parents. Non-family members don’t usually receive any portion of this compensation unless they are specifically named as beneficiaries in the estate or have a valid legal claim. If you’re uncertain about your specific circumstances, reaching out to an experienced attorney can provide clarity and guidance on your rights and next steps.
In South Carolina, the statute of limitations for filing a wrongful death lawsuit is generally three years from the date of the individual’s passing. However, the ‘discovery rule’ can extend this timeframe. This rule applies when the cause of death wasn’t immediately apparent or couldn’t have been reasonably identified at the time of death. In such cases, the clock starts ticking from the moment the cause of death is discovered – or should have been discovered through reasonable diligence.
If you’re uncertain about how the discovery rule might affect your situation, it’s a good idea to seek legal advice. The attorneys at Berly Rouse Attorneys in Charleston, SC, can offer personalized guidance to help ensure you meet all necessary deadlines.
If you need experienced legal representation in Charleston, South Carolina, contact Berly Rouse. Our team is ready to help you achieve the best possible outcome. Visit our offices or call today to schedule a consultation to discuss your case.
At Berly Rouse, we’re proud to be a leading law firm in Charleston, SC, committed to serving our community with integrity, dedication, and legal excellence. Let us put our experience to work for you.
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