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  • When someone is killed due to the negligence of another, South Carolina statutes provide for what is known as a Wrongful Death action. The case must be pursued by the Personal Representative of the estate of the deceased person for the benefit of beneficiaries listed in the statute. Subject to some exceptions, the statutory beneficiaries for a married man with children, for example, would be his wife and children.
  • A wrongful death may also give rise to what in South Carolina is called a survival action. This is an action that may be brought on behalf of the estate of the deceased person, by the Personal Representative, to recover funeral and burial expenses and to recover for any conscious pain and suffering that occurred prior to death.