§ 35-9 Wrongful Death - Presumption of Pecuniary Loss in Limited Situations

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 35-9 Wrongful Death - Presumption of Pecuniary Loss in Limited Situations

In a wrongful death action brought for the benefit of the widow and minor children of the deceased, in the absence of evidence to the contrary, actual pecuniary loss will be presumed as a result of the death.

On the other hand, pecuniary loss is not presumed when a minor child dies. Therefore, proof of actual loss is necessary for recovery for pecuniary loss in a case involving the wrongful death of a minor child.

NOTE: The rule set out in Gilliam v. Southern Ry., 108 S.C. 195, 93 S.E. 865 (1917), and its progeny is applicable to a factual scenario involving a widower and minor children.

See Adams v. Hunter, 343 F. Supp. 1284 (D.S.C. 1972)(presumption of pecuniary loss does not arise in case involving wrongful death of

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