Losing a family member following a road traffic accident is a tragedy of unimaginable sadness. Such a loss can cause life-long effects, both in terms of emotional distress and financial loss. In cases where a loved one was killed in a road traffic accident, a wrongful death lawsuit can be brought against the negligent party.

In the event of a successful case, the next step is to understand how to divide a wrongful death settlement. In this blog post, we will look closer at what exactly a wrongful death lawsuit is and how the settlement is divided among family members.

What Is a Wrongful Death Lawsuit?

When an individual is killed as a result of negligence or an outright wrongful act, their family members are entitled to sue the responsible party for damages. In South Carolina, a wrongful death lawsuit must be filed within three years of the deceased person's death.

In this state, the family members who can recover damages in a wrongful death case are the surviving spouse and children of the deceased person. In the case that there is no surviving spouse or children, the surviving parents would be entitled to the damages. If there are no parents, the heirs at laws of the deceased would be entitled.

How to Divide a Wrongful Death Settlement

In South Carolina, as we have seen, the deceased person's surviving spouse and children are entitled to receive any damages won in a wrongful death lawsuit.

With regards to a surviving spouse, they would be entitled to one-half of the death settlement. In the case where there are no surviving children, then the surviving spouse is entitled to the full amount of the death settlement.

In cases where there is a surviving spouse and children, the children would equally divide the other half of the settlement. If there is no surviving spouse, the children would equally divide the full amount. The children's share of the settlement would be presented to them only when they become adults.

If there is no surviving spouse or children, the deceased's parents would share the settlement. This is the usual order of settlements, though unique family situations may result in a different split. Speak to Hopkins Firm here in Charleston for more information on dividing a wrongful death lawsuit among family members.

Speak to Hopkins Firm About a Wrongful Death Settlement

Wrongful death is a tragic event that has life-long consequences. Contact Hopkins Firm in Charleston, Myrtle Beach, Pawleys Island, and Georgetown. Get in touch with us for more information on how to divide a wrongful death settlement.

FAQ

What Is a Wrongful Death Lawsuit?

It is a kind of lawsuit brought by family members when someone dies as a result of either negligence or an intentional act.

How Is a Wrongful Death Settlement Divided?

50% goes to their spouse and 50% is shared by their children. If there is no surviving spouse, the children will share the full amount, and vice versa. In certain cases, the deceased's parents will split the settlement.

Where Do I Go to Learn More About How to Divide a Wrongful Death Settlement?  

Contact Hopkins Firm for more information from our expert team.