Having experienced a wrongful death is tragic, and under the circumstances having to invest time and energy into handling wrongful death settlement distributions can be very taxing. An attorney such as one from the Maguire Law Firm is here to assist with achieving the best settlement possible, then managing the distributions for you. Call our Myrtle Beach wrongful death lawyers today!
Wrongful Death Settlements Are Distributed to the Surviving Heirs or Beneficiaries
When a wrongful death has occurred, an individual has been killed as a result of the negligence of another party. Under S.C. Code Ann. § 15-51-10, the wrongful death action may be leveled against any party who, without their involvement, the death would not have occurred. When you are filing a wrongful death case on behalf of the deceased, the party at fault must be demonstrated as being at fault in the incidents that lead to the death of the deceased, and there must have been some form of duty to the deceased party on behalf of the party from whom you are seeking damages.
Those Who File the Case Have the Most Control Over the Settlement
If you’ve lost a loved one in your family, you may have the capacity to become the Personal Representative or Executor of the decedent’s estate and therefore have standing to bring a wrongful death claim. It is the survivors of the loss, whether direct family or others, depending upon your relationship, who are generally involved in the wrongful death lawsuit. How the settlement is divided after being filed will be based on the SC Wrongful Death Statute and will depend on what heirs have survived the decedent. Adult beneficiaries may or may not agree with the proposed distribution, which will impact whether there is any related litigation concerning the case.
Reach Out to a South Carolina Attorney Now!
A wrongful death case is inherently tragic, stressful, and it may include a disagreement over how the settlement will be divided, especially among family members. All wrongful death settlements must be court approved; an experienced attorney from the Maguire Law Firm can assist you in getting this court approval. Contact us today to learn how.
FAQ
What are wrongful death distributions?
When a settlement has been reached on a wrongful death action, the distributions will be determined by the SC Wrongful Death Statute and must be court approved.
When can I file a wrongful death lawsuit?
If a wrongful death has occurred, consulting with an attorney can help you determine if you have a case.
How do I begin negotiations with an insurance company?
Prior to negotiating a settlement, the claim must be properly filed, and an attorney can help.