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South Carolina · Through 2025 Session of the General Assembly

S.C. Code Ann. § 15-51-40: Damages; amount and to whom payable.

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Where this section sits in the code
  1. Title 15 - CIVIL REMEDIES AND PROCEDURES
  2. CHAPTER 51 Death by Wrongful Act and Lynching
  3. ARTICLE 1 Death by Wrongful Act

In every such action the jury may give damages, including exemplary damages when the wrongful act, neglect, or default was the result of recklessness, wilfulness, or malice, as they may think proportioned to the injury resulting from the death to the parties respectively for whom and for whose benefit such action shall be brought. The amount so recovered shall 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 or her estate. However, upon motion by either parent or any other party of potential interest based upon the decedent having died intestate, the probate court may deny or limit either or both parent's entitlement for a share of the proceeds if the court determines, by a preponderance of the evidence, that the parent or parents failed to reasonably provide support for the decedent as defined in Section 63-5-20 and did not otherwise provide for the needs of the decedent during his or her minority.

Collected 2026-09-02T06:42:34Z. Source file · JSON

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