Legal Question in Personal Injury in South Carolina

A settlement was reached but had not paid out in a wrongful death suit and one of the beneficiaries died.Will her portion of the settlement go to the remaining beneficiary or to her own heirs?

Asked on 9/19/12, 5:03 pm

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston
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I'm afraid that I do not completely understand who is who. Usually the beneficiaries in a Wrongful Death suit and the heirs are one and the same. For example. If a husband died in a wrongful death suit, the wife would be the heir. She would also ususally be the one that brings the suit. However, it all depends. She could pass and a parent or a child of the father could bring the suit. I know this can all be confusing. If you email me, remind me that you are following up on a LawGuru question, and tell me if the deceased was married, had any children, any parents, and who the beneficiaries are/were, then maybe I can help. Also, please tell me what type of accident this was.

Thank you

Robert J. Johnston

Email: LawyerSC@aol.com

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9/22/12, 7:54 am

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