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Shelly Leeke Law Firm, LLC

What is the difference between the person that files a wrongful death claim and the beneficiaries in South Carolina?

In South Carolina, the person who files a wrongful death claim and a beneficiary are not always the same. A South Carolina wrongful death action may be filed by the executor of the will, administrator of the estate or a personal representative. This person may be the spouse, child or heir of the estate. This personal representative will also be the individual who files the wrongful death claim for the beneficiaries.

For example, if a young child were to lose his or her parents because of the wrongdoing or negligence of another, a representative could file a South Carolina wrongful death action on behalf of the child and other beneficiaries of the deceased's estate.

Common beneficiaries in a South Carolina wrongful death claim include:
  • spouse of the deceased;
  • child or children of the deceased;
  • parents of the deceased (if no spouse or children); and
  • heirs of the estate. 

Filing a South Carolina wrongful death action can be a complicated process, often requiring the assistance of an experienced Georgetown wrongful death attorney. Your attorney can help you collect evidence in order to prove that the other party was liable for your loved one's wrongful death.

In addition, your Georgetown wrongful death attorney will look at the costs associated with your loss in order to determine a fair settlement. Factors such as medical bills, funeral expenses, loss of income and loss of companionship will be considered when asking for damages.

Contacting a Georgetown Wrongful Death Attorney

The South Carolina wrongful death attorney team at the Shelly Leeke Law Firm is available to help families cope with the legal implications of a wrongful death. Our firm's focus on wrongful death cases includes injury from auto accidents including pedestrian and bicycle injuries, work-related injuries and Workers' Compensation claims, and injuries resulting from dangerous prescription drugs.


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

Shelly Leeke
South Carolina Injury Lawyer

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