Attorney Jody McKnight addresses some of the most common questions people have about serious, personal injury, accidental death, wrongful death and your legal options relative to South Carolina laws.
Who can file a wrongful death suit in South Carolina?
When someone dies by the negligence, recklessness, or intentional act of another person or corporation, that person’s family has a right to file a lawsuit to recover monetarily for the person’s loss of life and other economic losses associated with the person’s death. In all cases of death, a Personal Representative (PR) of the person’s estate is named through the Probate Court. The PR is responsible for settling all of the deceased person’s debts and settling all outstanding business matters etc…
What happens after I contact a wrongful death lawyer?
A wrongful, unplanned, death in the family can be devastating to individuals and families. The McKnight Law Firm does everything in our power to make the family as comfortable as possible during this difficult time. We can recommend grief counselors if needed. We dispatch all investigators and experts to secure crucial evidence early on while evidence is fresh, while allowing the family to focus on what’s most important, family and the process of grieving the loss of a loved one.The Probate Court has jurisdiction to deal with the estate of the deceased person.
How do I know if my family has a wrongful death case?
Often, it is clear that a wrongful death has occurred, as in a clear liability auto or trucking wreck. Other times, the issue of what parties are involved and why those parties are legally responsible for the death of a loved one are not so clear. An investigation must be conducted, to gather all appropriate evidence and expert analysis, prior to instituting a lawsuit; and in many cases, a lawsuit is needed to give the McKnight Law Firm the litigation tools needed to determine not only who is at fault, but why the event occurred.
Life is priceless. No amount of money is worth the loss of a person’s life. But in a civilized society, the only way to deal with the wrongful death of a loved one is to make a claim for monetary damages. The amount of monetary damages appropriate to each claim differs, based on the facts and circumstances of each case. We first identify all “hard” economic losses such as related medical bills and other known monetary losses, such as past lost wages and property losses.
When my loved one dies as a result of someone’s negligence, can I get compensation for loss of earnings?
Future earnings loss is a significant part of a wrongful death lawsuit. The McKnight Law Firm is associated with vocational experts and economic experts who prepare detailed reports on a person’s future earning potential. An economist is employed to calculate how much money it would take presently to compensate a family for their deceased loved one’s future earnings.
Is it wrong to bring a lawsuit if my loved one dies of negligence?
Everyone has their own philosophy of justice. However, most people agree that the United States system of justice; and in particular, the jury system, is the most fair system on earth for resolving disputes. When your loved one dies as the result of another party’s negligence, naturally, civil justice is available to the loved ones of the deceased person, in the form of monetary compensation.
Any injury is usually a “serious Injury” to the person feeling the pain at the time. But some injuries simply don’t rise to the level of being called a serious injury. Injuries such as small bruises, muscle strains and sprains etc.., usually will resolve in appearance and symptoms within a few to several weeks.
The South Carolina Workers Compensation Act (SCWCA) was enacted in 1935 as a compromise between workers and employers. Prior to 1935 in South Carolina, if a worker suffered an injury at work, the worker was required to prove the employer was in some way negligent.