South Carolina Section 15-51-20 sets forth who can bring a claim for wrongful death. The statute sets for the priority for who can bring a claim. The priority is in line with who inherits cases where no will exists. The statute states the spouse and children are the first in priority. If no spouse or children are alive, the parents are next in line and if no parents are alive, then the next closest heir. The statute also indicates the action shall be brought in the name of the Personal Representative. This is ordinarily relatively simple but can be complicated when common law marriages are involved or when relatives are not able to be located.
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