Legal Question in Medical Malpractice in South Carolina

Re: estate settling in south carolina

It depends largely on the will in regard to survivorship benefits. There are now 2 parts to this lawsuit, the survivorship action and thr wrongful death action. The survivorship action goes through the estate and will be divided in proportion to the instructions in his will. The wrongful death portion of the estate will pass outside the estate and be divided pursuant to the wrongful death statute in SC. The survivorship action involves the damages awarded from the time of negligence until the time of death. The wrongful death portion of the case involved the damages awarded due to his death. They are two distinct actions under SC Law.

Re: estate settling in south carolina

In order to answer the question, I will need a little more information.

In what state did the medical error occur? Some of the damages would become part of the estate but the proceeds for the wrongful death should go to family and are not covered by the will. Feel free to call to discuss this in more detail No charge or obligation for a confidential call.

Good Luck

DHD