The loss of a loved one to a fatal accident is a terrible tragedy. Your family has the right to hold the responsible party liable through a civil claim. You may be entitled to recover compensation for both economic losses and non-economic damages. Notably, grieving families may have both a wrongful death claim and a survival action claim. You need to know the difference. Here, our Anderson wrongful death lawyer provides a guide to the key things to know about the difference between wrongful death and survival action in South Carolina.

An Overview of Wrongful Death Lawsuits in South Carolina

Under South Carolina law (S.C. Code § 15-51-20), a wrongful death claim is a civil action brought when a person dies as a consequence of another party’s negligent, reckless, or intentional misconduct. The claim is filed by the personal representative of the deceased’s estate. The purpose is to seek compensation for the deceased dependents’ losses, including things like funeral and burial expenses, lost financial support, and loss of love/loss of companionship.

What is a Survival Action?

In contrast, a survival action claim allows the estate of a deceased individual to pursue damages that the person could have claimed if they had lived. It focuses on the suffering, medical expenses, lost wages, and other damages the deceased personally endured before death. The right to bring a survival action passes to the personal representative of the estate. Unlike wrongful death claims, which compensate the deceased dependents for their personal damages, the survival action compensates the deceased’s estate for the harm the deceased suffered because of the accident prior to his or her death. The beneficiary of a survival action claim may be the same as the recipient of the wrongful death proceeds.

Understanding the Difference Between Wrongful Death and Survival Action in SC

A wrongful death claim and a survival action claim are distinct legal cases. Here is the most important thing to know about the difference:

In South Carolina, a wrongful death claim provides compensation for the deceased’s dependents , such as the spouse, kids, or parents loss because of their loved ones death..
In South Carolina, a survival action claim provides compensation for the deceased’s own damages; specifically, what they endured between the accident and their death.

Grieving families in South Carolina should know that these are not “either/or” claims. Your family may have both a wrongful death lawsuit and a survival action lawsuit after your loved one’s fatal accident. Your Anderson, SC wrongful death lawyer can help you navigate the entire claims process.

Contact Our South Carolina Wrongful Death Lawyer Today

At The Law Office of Steven M Krause PA, our South Carolina wrongful death lawyer is a compassionate, experienced advocate for justice. Give us a call now or contact us online for a free, fully confidential consultation. With an office in Anderson, we represent surviving families in both wrongful death cases and survival action claims in South Carolina.