01 / The investigation
Develop an account of what caused the death.
The evidence depends on the event. A fatal vehicle collision may require scene information, witness accounts, vehicle records, medical evidence, and insurance documents. A different kind of incident may call for different records and analysis. Identifying those sources early helps organize the investigation and preservation work.
We investigate the connection between the conduct at issue and the death, with trial in mind. That means examining disputed accounts, identifying gaps in the records, and developing the evidence needed to explain what happened.
02 / The person’s life
Explain what the family has lost.
Income can be important, but it does not describe every contribution a person made. The record may also need to explain household responsibilities, care, companionship, experience, and guidance. Specific examples help show the role the person held in the lives of the beneficiaries.
Financial records and evidence of family life serve different purposes. One may help explain support that has been lost; the other may make a relationship understandable. Neither calls for a formula that assigns the same value to every family. The assessment should reflect the losses supported in the particular case.
03 / Who can act
Establish the representative and the beneficiaries.
South Carolina’s wrongful-death statute provides for an action brought by or in the name of the deceased person’s executor or administrator. The beneficiaries are the surviving spouse, children, or both. If neither survives, the claim benefits the parents; if none of those relatives survives, it benefits the heirs. Acting for the case and benefiting from it are therefore different roles.
An early review should clarify whether an estate has been opened, who has been appointed, and the relevant family relationships. Being the relative who first speaks with an insurer does not establish authority to settle. If no representative has been appointed, that is an issue to address—not a reason to arrive with every answer before contacting the firm.
04 / Different losses
Wrongful death and survival are distinct claims.
The same event may raise both kinds of claim, but they address different injuries. Keeping that distinction clear matters when developing the evidence and considering a proposed resolution.
Wrongful death
This concerns the legally recognized losses of the statutory beneficiaries because of the death. These can include financial loss, grief, lost companionship, and the loss of guidance and the relationship itself.
Survival
This concerns an injury claim that survives for the estate. Depending on the evidence, it may include medical expenses and the deceased person’s conscious pain and suffering before death.
Allocation
The claims can involve different recipients and different treatment of proceeds. They should not be combined into a single unexplained figure or treated as two recoveries for the same loss.
05 / Reaching resolution
A settlement involves more than accepting an offer.
We develop the liability and loss evidence to support informed negotiations and to prepare for trial if necessary. That work includes assessing available insurance and the terms of a proposed resolution alongside the evidence. Some matters resolve through negotiation; disputed cases may require litigation.
South Carolina requires court approval of wrongful-death and survival settlements, and only a duly appointed personal representative has authority to settle them. The approval procedure depends on whether and where a case is pending. The settlement terms, relevant interests, and proper allocation must be addressed; an insurer’s offer is not the final step.
Questions clients ask
Questions families often ask.
Must we wait for criminal charges or a conviction?
A criminal conviction is not a prerequisite stated in South Carolina’s wrongful-death statute. A civil claim has its own requirements. An investigation may affect available information, but it does not replace an assessment of the civil matter and its timing.
Can I call before an estate is opened?
Yes. Tell us whether anyone has been appointed and what you know about the incident. Establishing who can act is an early part of the discussion. You do not need to resolve the estate questions before making a general inquiry.
How are settlement proceeds divided?
The type of claim, statutory beneficiaries, family relationships, governing distribution rules, and court approval matter. Distribution should not be assumed from an adjuster’s proposal or an informal agreement among relatives.
What should we bring to a first conversation?
Begin with the general circumstances, your relationship to the person who died, and a way to reach you. Mention any known estate appointment or pending proceeding. Call 843-481-4000 or email team@allenlegal.net. We will explain how to share records when needed.
This is general information. Applicable law, deadlines, and available claims depend on the facts. An initial inquiry alone does not establish representation.
Legal and public-information sources
- South Carolina Code, Title 15, Chapter 51: wrongful death, beneficiaries, and settlement approval
- South Carolina Code § 15-5-90: survival of injury actions
- South Carolina Court of Appeals, Opinion 3576: wrongful-death damages
- Scott v. Porter: survival damages and the estate’s claim
- South Carolina Rule 26: discovery and insurance agreements