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What is a "survival action" in the context of a South Carolina wrongful death claim?

A: After a deadly South Carolina accident where you lost a family member, you may be considering filing a South Carolina wrongful death claim and have heard the term ‘survival action' regarding this process. The survival action is a specific part of a wrongful death claim that benefits the deceased's estate. The basic premise is that this claim covers the damages that would have been involved in a personal injury claim had the deceased lived. 

Therefore, the types of compensation covered in a survival action include: 

• bills for any medical treatment of the deceased prior to passing;
• the pain and suffering the deceased sustained prior to death; and
• any potential punitive damages if the defendant was particularly reckless or intentionally caused the fatal accident. 

It's extremely important to note that only a duly appointed personal representative of the deceased's estate has the authority to file a survival action. What is a duly appointed personal representative? Typically this is the executor of the estate, though there are a few other roles that qualify as a personal representative for the purpose of a South Carolina wrongful death claim. If no personal representative was appointed in the will, or the deceased failed to leave a will, a representative can be appointed through the courts. 

Working with a Charleston wrongful death attorney can help you understand all of your legal options during this difficult time. Your attorney can explain if you are eligible to file a survival action or how a personal representative can be appointed in order to do so.

Seeking the Help of a Charleston Wrongful Death Attorney

The South Carolina wrongful death attorney team at the Shelly Leeke Law Firm is available to help accident victims cope with the legal implications of a wrongful death.

Before you file a South Carolina wrongful death claim, request a free copy of our South Carolina injury book. When you're ready to get started on settling your accident claim, contact a Charleston personal injury attorney for a free information packet and consultation, 1-888-690-0211.

Articles	FAQs	Blogs
Compensation Available Through a South Carolina Wrongful Death Action 10 Tips For Dealing With Trauma & Tragedy What Will a Lawyer Do For a Family Who Has Suffered a Wrongful Death?	What is a "survival action" in the context of a South Carolina wrongful death claim? How long do I have to file a wrongful death claim? What is a wrongful death?	A Look at The South Carolina Wrongful Death Act What Compensation Exists In a South Carolina Wrongful Death Claim? The Wrongful Death of a South Carolina Treasured Cyclist
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Click here to order the "Roadmap For a Personal Injury Case" report today for FREE!	Goose Creek woman faces DUI charges after fatal wreck Columbia man dies after John Deere tractor accident Columbia couple killed by drunk driver	Call us at 1-888-690-0211 to set up a free consultation with an experienced South Carolina wrongful death attorney. We have offices throughout South Carolina or would be happy to meet you at a location that is most convenient to you.

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