Losing a loved one is never easy, especially when their death is caused by another person’s negligent actions. For families in Charleston, South Carolina, pursuing a wrongful death action may offer both justice and much-needed financial relief. A frequent question arises: How is the money divided in a wrongful death lawsuit?
This guide explains how wrongful death proceeds are divided among family members underSouth Carolina wrongful death laws and what factors impact the distribution of funds.
Understanding Wrongful Death Lawsuits in South Carolina
Wrongful death lawsuit arises when someone dies due to another party’s negligent party, recklessness, intentional actions. These cases are governed by wrongful death statutes (SC Code §15-51-10), which outline who may file a claim for damages and how settlement proceeds are distributed.
Typically, the legal representative or personal representative of the deceased party’s estate files the claim, but the compensation benefits surviving family members.
Who Can Receive Money from a South Carolina Wrongful Death Claim?
Under the state’s intestate succession laws, the following beneficiaries are typically eligible:
- The spouse
- Children (including a minor child or adult child)
- Parents (if no spouse or children)
- Other Heirs at law
Courts follow these rules unless legal action or valid will states otherwise.
How Is the Money Divided?
- Spouse and Children
- The spouse gets 50%
- Children split the remaining 50%
- Spouse Only
- The spouse receives the fullfair settlement
- Children Only
- The settlement is equally divided
- No Immediate Family
- Parents may receive compensation, especially if they were financially dependent
- No Spouse, Children, or Parents
- Extended family (siblings, etc.) may inherit under intestate succession law
What Factors Affect Distribution?
- Level of Financial Dependency: Courts may award more to financially dependent heirs
- Settlement vs. Court Verdict: Families can agree on the fair distribution during settlement; otherwise, laws apply
- Age or Disability of Heirs: A Minor child or disabled heir may receive a structured payment or trust
- Disputes Among Heirs: Courts may step in if the legal process becomes contested
What Types of Compensation Are Available?
In South Carolina, wrongful death lawsuits may include:
- Medical expenses and hospital bills
- Funeral expenses,burial expenses, and burial costs
- Loss of companionship or loss of consortium
- Loss of financial support and economic and non-economic losses
- Emotional distress,mental anguish, an emotional damages
- In rare cases,punitive damages or exemplary damages may apply for egregious actions
How Are Wrongful Death Settlements Paid?
- Lump Sum Payments
Often paid at once and divided per legal guidelines - Structured Settlements
Used for a minor child or heirs needing financial protection - Trusts or Guardianships
Courts may appoint a guardian to manage the financial burden on young or disabled heirs
Are These Settlements Taxable?
Typically, wrongful death settlements are not taxed as income. However:
- Punitive damages and interest may be taxable
- Always seek legal advice and a tax professional’s input before accepting the payout
What If There’s a Dispute?
Disagreements over fair compensation are common. Potential solutions include:
- Family court mediation
- Probate court proceedings
- Judicial rulings
- Settlement renegotiation with your law firm
An experienced wrongful death attorney can protect your interests and ensure the entire process runs smoothly.
Can an Heir Be Excluded?
Yes. Responsible parties, such as the default party who caused the fatal accident, may be excluded. Courts may also exclude estranged relatives who had no duty of care or relationship with the deceased party.
Why Hiring a Wrongful Death Lawyer Matters
Handling a wrongful death or personal injury claim is never easy, especially during difficult times. A skilled attorney can:
- File your personal injury lawsuit on time
- Ensure your civil claims are backed by evidence
- Advocate for compensatory damages
- Guide you through the legal process
Get Help from Experienced Charleston Wrongful Death Lawyers
If you’ve lost a loved one in a motorcycle accident, truck accident, pedestrian accident, or workplace accident caused by a drunk driver, negligent party, or deliberate actions contact Ted Law Firm.
Ted Law Firm proudly serves clients throughout Aiken, Greenville, Columbia, Myrtle Beach, and Atlanta,supporting individuals and families across South Carolina and Georgia. We are committed to providing trustworthy legal advice when it matters most.
Contact Ted Law Firm today for a free consultation with experienced personal injury attorneys in Charleston, SC.
Attorney Ted Sink, founder of The Ted Law Firm, is a Yale, Stanford Business School, and Charleston School of Law graduate and former marketing executive who built a 7-figure law practice, earning millions for his clients. With experience in both law and advertising, Ted has been recognized in Forbes, Entrepreneur, and the ABA Journal. He speaks at industry conferences on marketing and law firm management, sharing insights from his unique background to help other firms grow. When not working, Ted enjoys traveling, diving, and dog-sitting golden retrievers.
