Who Has the Legal Right to File a Wrongful Death Claim in SC?
Losing a loved one is devastating, and the legal process that follows can be confusing. In South Carolina, individual family members—including spouses, parents, and children—usually cannot file a wrongful death lawsuit in their own name.
The "Personal Representative" Rule:
Centralized Authority: By law, the lawsuit must be filed by the court-appointed Personal Representative (also known as an Executor or Administrator) of the deceased person’s estate.
Acting for the Family: While only one person files the suit, they do so on behalf of the surviving beneficiaries, such as the spouse, children, or parents.
Establishing the Estate: If a Personal Representative hasn't been named yet, the first step is opening an estate in probate court.
At Hart Law, we help families manage both the estate appointment and the lawsuit so you can focus on healing.
