The Difference Between Wrongful Death Claims and Survivorship Actions in South Carolina

Insights Med. Malpractice Dec. 15 4 min read

A wrongful death claim is a legal action against a party whose negligent actions cause the death of a loved one. This action benefits the victim’s family and compensates them financially for the losses they suffered as a result of the death.

Survivorship actions are made on behalf of the victim, and they benefit the victim’s estate for all losses the deceased suffered before their death.

While these are very similar actions, there are differences you must know to pursue a claim correctly.

What are the Key Differences between Wrong Death and Survivorship Actions?

Wrongful Death

Statute: S.C. Code § 15-51-10
Losses Compensated: Surviving family members
Beneficiaries: Surviving family members
How are Proceeds Split? By intestate succession laws
Damages: Lost income of the deceased, emotional anguish of the surviving family
Plaintiff (who brings the claim): Personal representative
The burden of Proof: Preponderance of the evidence (the claim is more likely true than not)

Survivorship Actions

Statute: S.C. Code § 15-5-90
Losses Compensated: The deceased’s losses before death
Beneficiaries: Estate of the deceased
How are Proceeds Split? By the estate of the deceased
Damages: The victim’s financial losses and pain and suffering that resulted before death
Plaintiff (who brings the claim): Personal representative
The burden of Proof: Preponderance of the evidence

South Carolina Statues

Beneficiaries

Wrongful death claims in South Carolina benefit the surviving spouse and children of the victim. If none exist, then the deceased parent’s become beneficiaries. The heirs become the beneficiaries if the parents do not survive the victim.

Intestate succession laws mandate how compensation should be split between the heirs. In cases of a spouse and children, the spouse receives half, and the children split the rest. If there was only a spouse left, they would receive the entire amount. If only children survived the victim, the amount is split equally between each of them.

Survivorship actions are less complicated as the victim’s estate is the only beneficiary.

Damages

South Carolina wrongful death damages:

Loss of income for the future career of the deceased
Mental and emotional anguish
Loss of companionship
Punitive damages (when relevant)
Funeral and burial expenses

South Carolina survivorship action damages:

Medical expenses before death
Lost wages
Funeral and burial expenses
Pain and suffering endured before death
Property damage

Settlement and Plaintiff

According to S.C. Code § 15-51-41, any settlement of a wrongful death or survival action must receive court approval.

In South Carolina, the executor or personal representative of the victim’s estate acts as the plaintiff in both wrongful death claims and survivorship actions.

Final Thoughts

In many situations, both a wrongful death claim and survivorship action can be pursued. However, the verdicts are decided separately by different juries. A medical malpractice lawyer can help you navigate this complex system so that you are compensated fairly for losing your loved one. Your family deserves justice, and the right attorney will see that you get it.

What's your case worth?