Who Is Eligible to File a Wrongful Death Claim?

If you have lost a loved one in an accident that was someone else's fault, you may want to know: "Who is eligible to file a wrongful death claim?"

Question:

Who is eligible to file a wrongful death claim?

Answer:

I recently spoke to a woman from South Carolina whose husband was killed in a tragic accident. One of her first questions early on was, “Who is the proper person to bring the wrongful death case?” In South Carolina, the first person who would bring the case is the spouse of the person who died. From there, you go to the children. In some other circumstances, other outlying family members can sometimes bring a wrongful death case, depending on their level of dependency.

Who Is Eligible to File a Wrongful Death Claim?

You also need to consider if the person had a will. Who did that person designate to be able to bring claims on behalf of the estate? Who is the person representative identified in the will? What did the will say? Who did the will distribute money to? Those things are important, particularly in the context of the survival action, but they’re also important in the context of the wrongful death action.

For anyone who’s lost a loved one in any type of accident, I think it’s very important for them to contact an attorney early on so that attorney can go ahead and start answering those questions and start guiding you through the process of a wrongful death and survival action, because they are different from other types of cases. If anyone out there has suffered the loss of a loved one and has any questions about the process, we would be more than happy to talk to you.


Have you lost a loved one due to someone else's negligence and have questions about who is eligible to file a claim? Contact the experienced North Augusta wrongful death lawyers at Nimmons Malchow Johnson today for a free consultation and case evaluation.

We can help get your life back on track.

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