An action or claim for the death of a person may be brought under this chapter by the executor or administrator respectively, of the person's estate when death results from bodily injury if the bodily injury would have entitled the injured party to maintain an action or claim if death had not ensued. The provisions and limitations of this chapter are applicable to any such action or claim. Every action or claim must be for the benefit of the wife or husband and child, or children of the person whose death has been so caused and if there is no wife, husband, child, or children, then for the benefit of the parent or parents, and if there is none, then for the benefit of the heirs-at-law or the distributees of the person whose death has been so caused. Any amount recovered must be divided among the before-mentioned parties in those shares as they would have been entitled to if the deceased had died intestate and the amount recovered had been personal assets of his estate.
HISTORY: 1986 Act No. 463, Section 1.
Structure South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
Chapter 78 - South Carolina Tort Claims Act
Section 15-78-10. Short title.
Section 15-78-30. Definitions.
Section 15-78-60. Exceptions to waiver of immunity.
Section 15-78-110. Statute of limitations.
Section 15-78-170. Action or claim for death of person; division of recovery.