[[{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question","text":"In South Carolina, wrongful death is defined as death \u201cby the wrongful act, neglect, or default of another.\u201d The governing statute further explains that grounds for a wrongful death claim exist when the fatally injured person would have been entitled to pursue a personal injury claim had they survived their injuries.","@id":"https:\/\/www.mtllawfirm.com\/tega-cay\/wrongful-death\/#Answer"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question1","text":"Only the personal representative of the decedent\u2019s estate has the legal authority to file a wrongful death claim. If appointed in a last will and testament, a personal representative is sometimes known as the executor of the decedent\u2019s estate. If appointed by a probate court in the absence of a will, they are sometimes known as the administrator.","@id":"https:\/\/www.mtllawfirm.com\/tega-cay\/wrongful-death\/#Answer1"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question2","text":"Though a wrongful death claim must be filed by the decedent\u2019s personal representative, South Carolina law distributes any compensation awarded to the surviving spouse and children of the decedent. If they did not leave behind a spouse or children, their parents are next in line.  Finally, if neither option applies, compensation is distributed to the decedent\u2019s remaining heirs. Heirs are determined by the decedent\u2019s will or, in the absence of a will, according to state laws of intestate succession.","@id":"https:\/\/www.mtllawfirm.com\/tega-cay\/wrongful-death\/#Answer2"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question3","text":"South Carolina recognizes a distinction between wrongful death actions and survival actions. As explained above, a wrongful death action seeks to compensate surviving family members for the death of their loved one. By contrast, a survival action is brought on behalf of the decedent's estate.  These are essentially personal injury claims that \u201csurvive\u201d in the sense that the cause of action is not extinguished by the decedent\u2019s passing. Instead, they allow the decedent\u2019s estate to seek compensation they would have been entitled to for their injuries while living. Just as in a personal injury case, any money awarded is meant to compensate for things like medical expenses, pain, and suffering resulting from the fatal accident.","@id":"https:\/\/www.mtllawfirm.com\/tega-cay\/wrongful-death\/#Answer3"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question4","text":"Yes. In South Carolina, personal representatives have three years from the date of death to file a wrongful death lawsuit.","@id":"https:\/\/www.mtllawfirm.com\/tega-cay\/wrongful-death\/#Answer4"},{"@context":"http:\/\/schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"What Is a Wrongful Death Action?","acceptedAnswer":{"@id":"https:\/\/www.mtllawfirm.com\/tega-cay\/wrongful-death\/#Answer"},"@id":"https:\/\/www.mtllawfirm.com\/tega-cay\/wrongful-death\/#Question"},{"@type":"Question","name":"Who May File a Wrongful Death Claim in South Carolina?","acceptedAnswer":{"@id":"https:\/\/www.mtllawfirm.com\/tega-cay\/wrongful-death\/#Answer1"},"@id":"https:\/\/www.mtllawfirm.com\/tega-cay\/wrongful-death\/#Question1"},{"@type":"Question","acceptedAnswer":{"@id":"https:\/\/www.mtllawfirm.com\/tega-cay\/wrongful-death\/#Answer2"},"name":"Who Receives the Money from a Wrongful Death Lawsuit?","@id":"https:\/\/www.mtllawfirm.com\/tega-cay\/wrongful-death\/#Question2"},{"@type":"Question","name":"What Is the Difference Between Wrongful Death and Survival Actions?","acceptedAnswer":{"@id":"https:\/\/www.mtllawfirm.com\/tega-cay\/wrongful-death\/#Answer3"},"@id":"https:\/\/www.mtllawfirm.com\/tega-cay\/wrongful-death\/#Question3"},{"@type":"Question","name":"Is There a Deadline to File a Wrongful Death Claim in South Carolina?","acceptedAnswer":{"@id":"https:\/\/www.mtllawfirm.com\/tega-cay\/wrongful-death\/#Answer4"},"@id":"https:\/\/www.mtllawfirm.com\/tega-cay\/wrongful-death\/#Question4"}],"name":"Tega Cay Wrongful Death Lawyer","@id":"https:\/\/www.mtllawfirm.com\/tega-cay\/wrongful-death\/#FAQPage"}],{"@context":"https:\/\/schema.org","@type":"BreadcrumbList","@id":"https:\/\/www.mtllawfirm.com\/tega-cay\/wrongful-death\/#BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Tega Cay Personal Injury Lawyer","item":"https:\/\/www.mtllawfirm.com\/tega-cay\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Tega Cay Wrongful Death","item":"https:\/\/www.mtllawfirm.com\/tega-cay\/wrongful-death\/#breadcrumbitem"}]}]