wrongful death – The Nye Law Group, P.C.

Understanding Wrongful Death Law in South Carolina

Posted on June 17, 2018April 6, 2023 by productionnye

A death that is caused by neglect, a wrongful act, or at the hands of another person or party is referred to as a wrongful death. A wrongful death lawsuit is different from a survival action, which is the personal injury action the deceased would have filed had he or she survived. Both wrongful death and survival actions must be filed by the executor or administrator of the deceased’s estate.

If your loved one was killed by another party’s negligence or wrongful act, you only have three years to file a legal claim. It is important to take immediate action because these accidents typically require extensive independent investigations. Failure to file a wrongful death claim within the statute of limitations will result in a court refusing to hear your case.

The Nye Law Group understands that families need time to grieve, which is why our firm handles all of the court appearances and legal paperwork deadlines for our clients during these extraordinarily difficult times. You can take advantage of a free consultation as soon as you call 855-636-9277 to schedule an appointment.

Filing a Wrongful Death Claim

While the executor or administrator of the deceased’s estate is the party that brings the lawsuit forward, damages awarded will be distributed to certain family members as designated by South Carolina state law. The primary beneficiaries are typically the deceased’s spouse and children.

When there are no spouse or children, a wrongful death lawsuit compensates the deceased’s parents. If the deceased has no living parents, a wrongful death lawsuit is for the benefit of his or her legal heirs.

Wrongful death lawsuits may stem from any one of a number of common accidents, including but not limited to:

Birth injuries
Medical malpractice
Car accidents
Motorcycle accidents
Mesothelioma
Nursing home abuse
Construction accidents
Medical malpractice
Truck accidents

The damages that may be awarded in a wrongful death case include funeral expenses as well as lost income the deceased would have provided. Certain awards, such as pain and suffering, can be more difficult to obtain in survival actions.

Do not let concerns about affording an attorney prevent you from retaining legal counsel. The Nye Law Group represents clients on a contingency fee basis, meaning you pay our firm absolutely nothing unless you receive a monetary award.

Find a Wrongful Death Lawyer in South Carolina

Was your loved one killed by another person’s wrongful act or negligence in South Carolina? You should make sure that you do not speak to any insurance company until you have legal representation.

Some insurers will quickly attempt to offer settlements to families in an effort to keep their cases out of court. These proposed settlements are often much less than what families are actually entitled to.

The Nye Law Group can fight to make sure that you receive all of the compensation your family needs and deserves after the death of your loved one. You can have our Bluffton personal injury attorney review your case and help you understand all of your legal options as soon as you call 855-636-9277 or contact us online to take advantage of a free consultation.

Difference Between Wrongful Death And Survival Acton in South Carolina

Posted on April 25, 2018February 7, 2024 by productionnye

When a person dies because of another party’s negligence in South Carolina, it can result in two different kinds of legal claims. Certain family members may pursue a wrongful death lawsuit, while the executor for the deceased’s estate could file a survival action. The claims could be filed together or separately, depending on the circumstances involved.

In many cases, prompt legal action is required. South Carolina allows people only three years to commence wrongful death actions (the deadline can be extended to six years for certain medical malpractice claims), and it can take time to conduct proper investigations into fatal accidents. You should contact the Nye Law Group for assistance meeting all legal deadlines as they relate to your wrongful death or survival action claim.

Wrongful Death Laws in South Carolina

South Carolina Code § 15-51-10 establishes that a party whose wrongful act or negligence causes the wrongful death of another person becomes liable for damages. Under South Carolina Code § 15-51-20, wrongful death actions are for the benefit of spouses and children first, then for the benefit of the deceased’s parents, and then the heirs of the deceased if none of the aforementioned parties exist.

Several different kinds of damages can be recovered in wrongful death lawsuits, including medical bills, lost wages, funeral expenses, and loss of consortium. A wrongful death can arise from any one of a number of possible accidents, including car crashes, workplace accidents, defective products, and medical malpractice.

When the victim in a wrongful death case is a child, South Carolina still recognizes the value of the life even though the victim did not provide financial support to his or her family. State courts have held that parents are entitled to certain intangible damages in these cases.

Survival Actions in South Carolina

South Carolina Code § 15-5-90 establishes the survival right of action in South Carolina. Under this statute, the legal representative for the deceased is allowed to bring the action that the deceased would have brought for his or her injuries had he or she survived.

Survival actions can result in similar damages being awarded to plaintiffs, but the damages relate only to the harm inflicted on the deceased before or during his or her death. In other words, damages resulting from the death (such as lost income) are not compensated in these types of claims.

Find a Wrongful Death Attorney in South Carolina

If you are not sure whether you should file a wrongful death lawsuit or a survival action claim following the death of your loved one in South Carolina, it is in your best interest to quickly seek legal representation. The Nye Law Group understands that families need time to grieve, which is why we handle all the paperwork and court dates so you can take all the time you need.

Our experienced Bluffton personal injury lawyers will work tirelessly to help you get all of the compensation you are entitled to. We can provide a complete evaluation of your case as soon as you call 855-636-9277 or contact us online to take advantage of a free consultation.

Obtaining Damages for South Carolina Construction Accidents

Posted on April 8, 2018November 13, 2023 by productionnye

The Occupational Safety and Health Administration (OSHA) states that the fatal injury rate for the construction industry is higher than the national average for all industries. Workers in the construction industry face a variety of hazards every day on the job, and various kinds of negligence by other parties can lead to innocent workers suffering severe or possibly fatal injuries.

Victims in construction accidents are frequently unable to return to work for several months or possibly even years. In some cases, injured workers are permanently unable to maintain any gainful employment.

As a result, construction accident victims and their families struggle to pay medical bills because of lost income. When an accident is the result of another party’s negligence, the victim can be entitled to damages for these hardships.

Fatal Four Construction Accidents in South Carolina

When it comes to construction accidents, the annual list of workplace fatalities is often topped by what OSHA has come to refer to as construction’s “Fatal Four.” The leading causes of deaths in the construction industry were:

Falls — Often the result of unprotected sides, improperly constructed scaffolds, or holes in floors, among other causes;
Struck by object — May include falling objects or vehicles;
Electrocution — Possibly involving contact with power lines or misuse of certain electrical equipment; and
Caught between objects — Usually involving a lack of or failure to inspect a protection system.

The above list is by no means exclusive. Construction workers can suffer several other debilitating injuries as the result of accidents on the job. Whether a person is injured in a Fatal Four incident or another kind of accident, other common injuries may include burn injuries, traumatic brain injuries (TBIs), or spinal cord injuries.

Third Party Claims Arising from South Carolina Construction Accidents

Because of South Carolina’s “exclusivity doctrine,” employees who receive workers’ compensation from their employers are prohibited from filing lawsuits against those employers. Workers’ compensation rarely provides enough financial resources for victims to meet their many needs.

In some cases, it may be possible that another party other than the employer bears liability for a victim’s injuries. Possible examples of third parties that could be held liable include:

Manufacturers of defective products or machinery;
Project managers;
Engineers;
Architects;
Subcontractors; or
Drivers of other vehicles.

Victims can file lawsuits against negligent third parties while receiving workers’ compensation from their employers. It is important for any person injured in a construction accident to retain legal counsel as soon as possible to immediately commence an investigation that can identify all possible negligent parties.

Find a Construction Accident Attorney in South Carolina

If you sustained serious injuries or your loved one was killed in a construction accident in South Carolina, you will want to quickly seek legal representation. The Nye Law Group has an office in Bluffton but serves communities all over South Carolina.

Our experienced personal injury lawyers will fight to make sure that you receive all of the compensation you are entitled to. We offer a free consultation when you call 855-636-9277 or contact us online to schedule a free consultation.

Bringing a Wrongful Death Claim: Don’t Handle it Alone

Posted on April 7, 2018February 7, 2024 by productionnye

Have you lost a loved one in an accident due to the negligence of another party? Nobody ever expects to lose a loved one in an accident, which is why it makes sense to have somebody on your side who can help you fight for your rights in every way. One of the biggest mistakes that somebody can ever make in a wrongful death claim is to try to attempt to handle the case alone. There are just too many factors for you to handle on your own when you are trying to grieve after losing somebody close to you. This is why we want to stand by your side and help you protect your rights every step of the way.

Why You Should Have an Attorney

Here is one of the biggest reasons why you should never stand alone when you are dealing with a wrongful death claim: The insurance companies could try to give you less when it comes to your case. Let’s say that somebody was driving distracted and ran into the side of your loved one’s vehicle. They were clearly at-fault for the accident, so you were able to bring a claim against them. Even though it is only fair that you and your family are compensated for wrongful death damages, it does not always occur this way. Insurance companies will sometimes make extremely low offers so that they can settle your claim once and for all, even if it wasn’t what you were expecting.

Perhaps you are willing to accept any type of settlement because you need immediate relief on a financial level due to medical expenses that occurred before your loved one passed away, or because of funeral expenses. You never want to accept early, because you know that it could put you and your family in a bad position later on down the road.

When you want to achieve the fairest settlement offer, you want to have an attorney on your side as you move forward. There are many losses that you might have to deal with, such as benefits to surviving spouses and children, loss of love and companionship damages, financial assistance, lost earnings of the past and future, and so much more. Attorneys are able to investigate to pin a number to the case and assets that are available to pay compensation to survivors, the amount of insurance coverage and what it allows, noneconomic losses, and more. Insurers will not always willingly disclose information that is important to your case. Luckily, an attorney can help you get the information you deserve in your time of need.

Moving Forward With Your Claim

If you are a representative of your loved one’s estate, a child, spouse, parent, or many other people close to the person who lost their life, you may want to move forward with a wrongful death claim. There are many damages available to you and your family during this time. It may seem impossible to pin a number amount to your loved one’s passing, but it is not impossible and we want to talk to you every step of the way. At the Nye Law Group, we have experience in wrongful death claims and want to extend a helping hand to you. Call us for more information on how we can help you from start to finish at 855-636-9277.

Sources:

http://www.alllaw.com/articles/nolo/personal-injury/how-wrongful-death-lawsuit-works.html

https://thenyelawgroup.com/

Understanding Time Limits for Filing Wrongful Death Claims in North Carolina

Posted on March 21, 2018February 7, 2024 by productionnye

While the statute of limitations (time limit) for filing most personal injury claims in North Carolina is three years, it is important for people to understand that a different statute of limitations applies to matters concerning wrongful death. Under North Carolina General Statute § 1-53, people only have two years to commence legal actions for damages relating to the deaths of persons caused by the wrongful acts of other parties.

In the immediate aftermath of a loved one’s death, these time limits are understandably not the primary focus of any member of a grieving family. It still becomes critical for someone to seek legal representation as soon as possible in order to quickly begin a complete investigation into the circumstances surrounding the fatal accident so important evidence can be seized and all necessary paperwork can be filed in court before deadlines expire.

North Carolina Wrongful Death Laws

North Carolina General Statute § 28A-18-2 establishes that the person who files a wrongful death must be the personal representative of the deceased’s estate. In most cases, this is the deceased’s surviving spouse, adult children, or parents.

In some cases, the personal representative is the person appointed by the court as administrator of the estate in accordance with North Carolina intestate succession laws. If a person named in a will or other estate plan is unable or unwilling to serve as personal representative, the court can appoint a different individual. The court also appoints an individual when there was no will or estate plan.

Under North Carolina General Statute § 28A-18-2(b), damages recoverable in wrongful death cases include:

Medical expenses;
Descendant’s pain and suffering;
Reasonable funeral expenses;
Lost income;
Loss of services, protection, care and assistance of the decedent
Loss of society, companionship, comfort, guidance, kindly offices and advice of the decedent;
Punitive damages; and
Nominal damages.

Common Causes of Wrongful Death in North Carolina

People can be killed in any one of a number of possible accidents in North Carolina. Anybody who is uncertain about who could be liable or whether an accident constitutes the basis for a legal claim should not attempt to handle such a claim on his or her own.

The Nye Law Group handles a wide variety of fatal accident cases stemming from such incidents as:

Boating accidents;
Construction accidents;
Dangerous drugs;
Defective medical devices;
Defective products;
Dog bites;
Medical malpractice;
Mesothelioma;
Motorcycle accidents;
Nursing home abuse;
Product liability; and
Truck accidents.

Again, it is important to keep in mind the extremely limited amount of time that families have to hold negligent parties accountable for these types of cases. If your loved one was recently killed in any kind of accident in North Carolina, you should not delay in seeking legal counsel.

Find a Wrongful Death Attorney in North Carolina

The Nye Law Group is located in Charlotte but serves many surrounding communities in North Carolina. We understand that families need and deserve time to grieve, so we handle all required paperwork and court appearances necessary to pursuing wrongful death actions.

Call 855-636-9277 today to take advantage of a completely free, no-obligation consultation that will help our firm provide an honest and thorough evaluation of your case.

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Tag: wrongful death