Only the personal representative of the deceased’s estate can file a wrongful death lawsuit. Ordinarily, the personal representative is named in the deceased’s last will and testament. If the deceased did not have a will, however, a personal representative can be selected by the court.
The personal representative files the wrongful death claim on behalf of the surviving family members, which can include the deceased’s spouse and children or the parents of the victim if there is no living spouse or children. If the deceased has no living parent, spouse or children, the settlement would be distributed according to South Carolina heir laws.