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Shelly Leeke Law Firm, LLC

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

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.

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