§ 35-5 Wrongful Death - Personal Representative Must File Cause of Action
| Library | South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.) |
§ 35-5 Wrongful Death - Personal Representative Must File Cause of Action
The right of action for wrongful death of a decedent is enforceable by the personal representative of the estate of the deceased.
South Carolina Code section 15-51-20 (2005) states in relevant part: "Every [wrongful death] action shall be brought by or in the name of the executor or administrator of [the decedent's estate]." Accordingly, under § 15-51-20, a personal representative may bring a wrongful death action...
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