Losing a loved one due to the negligence or wrongful actions of another party is a devastating experience. In addition to emotional grief, surviving family members may also face the challenge of navigating the legal complexities of a wrongful death lawsuit. One of the most important questions that often arises is how to divide a wrongful death settlement among the surviving family members. If you are involved in a wrongful death suit in South Carolina, understanding how the wrongful death settlement is divided and who is entitled to the proceeds is crucial.

What Happens to a Settlement When a Person Dies?

In the case of a wrongful death, the wrongful death lawsuit payout is meant to compensate the surviving family members for their loss. The payout can include both economic damages (such as funeral costs and lost wages) and non-economic damages (such as emotional distress). However, the settlement must be divided according to the laws in South Carolina.

South Carolina law defines the “wrongful death beneficiaries,” who are the individuals entitled to the proceeds of a wrongful death settlement. These individuals typically include:

• Spouse
• Children
• Parents (if there is no spouse or children)

If the deceased had a will or estate plan that specified how assets should be distributed, the distribution of a wrongful death settlement may be affected by those instructions. However, the court generally prioritizes family relationships in determining who gets the money in a wrongful death lawsuit.

How Is a Wrongful Death Settlement Divided in South Carolina?

In South Carolina, wrongful death settlements are divided according to the state's laws of intestacy if no will is in place. The distribution typically follows this order:

1. Spouse and Children: If the deceased had both a surviving spouse and children, the settlement is usually divided between them. The spouse will typically receive a portion of the settlement, and the children will share the remainder.
2. Children Only: If the deceased had no surviving spouse, the wrongful death settlement would typically go to the children. In cases where there are multiple children, the settlement will be divided equally among them.
3. No Spouse or Children: If the deceased had neither a spouse nor children, the settlement will typically go to the parents of the deceased.

However, these guidelines may vary based on specific circumstances, such as the relationship between the surviving family members or any pre-existing arrangements (e.g., a prenuptial agreement, divorce settlement, etc.).

Who Gets the Money in a Wrongful Death Lawsuit?

In most cases, the family members who were closest to the deceased will be the primary beneficiaries of a wrongful death lawsuit payout. This can include:

• Immediate family members: The spouse, children, and in some cases, the deceased's parents or siblings.
• Financial dependence: In certain situations, those who were financially dependent on the deceased (such as grandparents or other close relatives) may also be entitled to a portion of the settlement.

In South Carolina, the law seeks to compensate those who have suffered the greatest loss due to the wrongful death. However, if there are disputes over the distribution of the wrongful death settlement, a judge may intervene to ensure fairness.

What Factors Impact a Wrongful Death Settlement?

Several factors can influence the amount of the wrongful death settlement and how it is divided. These include:

• The economic losses: Such as the deceased's lost wages, medical bills, funeral expenses, and other financial burdens.
• Non-economic damages: Including pain and suffering, emotional distress, and loss of companionship.
• Liability of the at-fault party: If the defendant is found to be highly negligent or intentionally caused harm, the settlement amount may be higher.

Why You Need an Experienced Wrongful Death Attorney

Handling the complexities of a wrongful death lawsuit can be emotionally and legally challenging. Understanding who gets the money in a wrongful death lawsuit and ensuring the settlement is properly divided requires a skilled attorney who specializes in wrongful death cases. At Hopkins Law Firm, we are dedicated to helping families navigate the legal process and get the compensation they deserve.

Our attorneys can assist you with:

• Filing and pursuing a wrongful death lawsuit.
• Negotiating fair settlements on your behalf.
• Ensuring the wrongful death settlement is divided according to South Carolina law.
• Advising you on any potential child support or arrears issues that may arise in these cases.

Conclusion: Getting the Help You Deserve in a Wrongful Death Lawsuit

If you've lost a loved one due to the negligence or wrongful actions of another, you may be entitled to compensation. Understanding how wrongful death settlements are divided and ensuring that the settlement is properly distributed is crucial. If you need help navigating this difficult process, Hopkins Law Firm is here to support you.

Contact us today for a free consultation with one of our wrongful death lawyers. We will fight to protect your rights and ensure that you receive the compensation you deserve.