You got the devastating call no family should receive. Your loved one was killed in a car crash by a drunk driver or lost their life due to medical malpractice at a local hospital. As you process this loss, questions about justice and accountability begin to surface. Who has the right to pursue legal action? Can multiple family members file separate lawsuits? What if your loved one wasn't married or didn't have children?
At the Law Office of Sean M. Wilson, our South Carolina wrongful death lawyers understand that losing a family member is emotionally overwhelming. We're here to provide compassionate guidance while helping you understand your legal options and ensuring the right person files your wrongful death claim according to state law.
Legal Standing to File a Wrongful Death Lawsuit
Legal standing means having the legal right to bring a lawsuit on behalf of someone who has died. South Carolina law is very specific about who can file a wrongful death lawsuit.
According to South Carolina Code Section 15-51-20, only one person can file a wrongful death lawsuit—the personal representative of the deceased person's estate. This person is sometimes called an executor or administrator, depending on whether your loved one had a will.
The personal representative is the legal advocate for the deceased person's estate and all eligible beneficiaries. This system prevents multiple family members from filing competing lawsuits while ensuring that someone with legal authority can pursue justice for everyone who suffered a loss.
If your loved one died without naming a personal representative in their will, the probate court will appoint someone to serve in this role. This appointment process follows a specific priority order established by state law.
Serving as a Personal Representative in a Wrongful Death Case
When your loved one didn't name someone to handle their estate, South Carolina law establishes a clear order for who can be appointed personal representatives.
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The surviving spouse has priority. If your loved one was married at the time of their death, their spouse typically has the strongest claim to serve as personal representative. This applies even if the couple was separated, as long as they weren't divorced.
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Children come second in the priority order. If there is no surviving spouse or if the spouse chooses not to serve, the deceased person's adult children can petition the court for appointment. When multiple children exist, they can agree among themselves who should serve, or the court will make the decision based on factors like availability and capability.
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Parents are third in line. If the deceased person wasn't married and had no children, their parents can seek appointment as personal representative. When both parents are alive, they can serve jointly or agree on one person handling the responsibilities.
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Siblings follow if parents aren't available. Brothers and sisters of the deceased can serve as personal representatives when no spouse, children, or parents are available or willing to take on this role.
The court considers several factors when appointing a personal representative, including the person's relationship to the deceased, their ability to handle legal and financial matters, and whether they live in South Carolina. The court wants someone who will act in the best interests of all beneficiaries.
How Filing Authority Differs From Recovering Damages
One of the most important distinctions in South Carolina wrongful death law is who can file the lawsuit and who can receive compensation from it. Many families assume these are the same, but they're actually separate legal concepts.
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Filing authority belongs to one person. Only the personal representative can file the wrongful death lawsuit and make legal decisions about the case, such as whether to accept a settlement or proceed to trial. This person has a legal duty to act in the best interests of all beneficiaries, even if they aren't personally receiving the largest share of the recovery.
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Recovery rights extend to multiple family members. The compensation awarded in a wrongful death lawsuit is distributed among eligible family members according to South Carolina's intestacy laws. This means that even though only one person filed the lawsuit, multiple people may receive financial compensation.
The personal representative might be a surviving spouse who will receive the largest portion of any settlement or verdict. However, they could also be an adult child who won't receive any financial compensation but has the legal standing to pursue the case on behalf of other family members who will benefit.
This system ensures that someone has clear authority to make legal decisions while protecting the financial interests of all eligible beneficiaries and prevents situations where family members might disagree about litigation strategy or settlement negotiations.
Why Legal Guidance Matters in Wrongful Death Cases
Wrongful death cases involve unique legal procedures and requirements that don't apply to other personal injury claims. Experienced legal guidance helps ensure that your case is handled properly and that all eligible family members receive fair compensation.
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Appointment procedures can be complicated. Getting appointed as a personal representative involves court filings, notice requirements, and sometimes attending hearings. Our attorneys handle these procedures efficiently, helping families avoid delays that could jeopardize their wrongful death claim.
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Evidence must be presented quickly. Important evidence can be lost or destroyed if not preserved immediately after a wrongful death. Our team can send preservation notices, obtain accident reports, and secure witness statements while the information is still available.
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Damage calculations require expertise. Determining the full value of a wrongful death claim involves economic analysis, life expectancy calculations, and considerations of non-economic losses like pain and suffering. Our attorneys work with economists and other specialists to ensure that your case reflects the true impact of your loss.
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Insurance companies have experienced lawyers. The parties responsible for your loved one's death will have attorneys defending them from the moment they learn about the potential lawsuit. Having equally experienced legal representation levels the playing field and protects your family's interests.
At the Law Office of Sean M. Wilson, we understand that no amount of money can replace your loved one or ease your grief. However, holding negligent parties accountable through the legal system can provide financial security for your family and help prevent similar tragedies from happening to others. Our team provides compassionate guidance while aggressively pursuing the justice and compensation your family deserves.