Get free answers to your Wrongful Death legal questions from lawyers in your area.
answered on May 3, 2024
A South Carolina attorney could advise best, but your question remains open for three weeks. I'm sorry for your wrongful death situation. A local attorney should advise as to the matter of any statutory caps, but in general, the case value would depend on the facts, and the ability to prove... View More
If a suspect run on foot while armed or pretending to be armed? Would the presence of the firearm alone justify deadly force under TN vs Garner? Would the suspect need to point or present the firearm at Law Enforcement or a citizen for deadly force to be justified? Please let me know any relevant... View More
answered on Jan 2, 2024
In the context of Tennessee v. Garner, the situation where a suspect is fleeing while armed or appears to be armed is complex. Tennessee v. Garner established that the use of deadly force to prevent the escape of a fleeing suspect is constitutionally permissible only if the officer has probable... View More
We went out of business in 2011-2012. The deadly accident occurred in SC in 2020. We moved to NY in 2013. The DOT number listed in the lawsuit is not our old DOT number. I have contacted several lawyers in NY & SC only to be told that this isn’t in their wheelhouse. Meanwhile, I have 15 days... View More
answered on Dec 23, 2023
A South Carolina attorney may be able to advise best, since that is the state you posted under. But your question remains open for a week and you mention a short timeline in which to respond to a summons. If there was a liability policy in effect at the time of the accident, the carrier should be... View More
answered on Dec 18, 2023
You will need to go to the probate court and set up an estate. Once you have the Certificate of Appointment that makes you or someone a Personal Representative for the Estate from the probate court you will be able to take that and demonstrate that you have the authority to obtain those medical... View More
My mothers medical journey was a nightmare and a hospital system failed her horribly. She was profiled from day one. Even her FNP will attest to this. We had an autopsy done. Her abdomen had caused her pain for almost a year. Protruding and painful. The cancer center cancelled her appt 2 months... View More
answered on May 8, 2023
A South Carolina attorney could advise best, but your post remains open for two weeks. I'm very sorry for the loss of your mother. You could reach out to law firms to try to set up a free initial consult. This appears to be a complex file with a long patient history - and it isn't clear... View More
he died from nasal cavaty cleaning that went to far and hit his brain he bled out and died.
answered on Apr 13, 2023
Not all bad results are malpractice, the health care provider must have acted below the standard of care. What you describe does sound like malpractice but a doctor would have to confirm the breach of the standard of care. Consult with experienced medical malpractice attorneys in your state.
I have contacted an attorney, sent a summary and outline to them medical records and the autopsy and haven’t heard back about if they’ll take the case or not. My mother died December 18th. Failed to diagnose or biopsy tissue. They cancelled her appt in October saying they saw no reason that the... View More
answered on Feb 13, 2023
First, let me express my sincerest condolences on the loss of your mother under such unexpected circumstances. I am so sorry to hear the tragedy you are experiencing.
Second, with respect to your specific question the answer is that it depends. Everything should be documented in the... View More
It was 1951 after leaving Panama. The Captain wrote a letter questioning his mental health to N.Y. before notifying the family of his disappearance. Would I have a case against U.S.S. Luckenbach steamship company?
answered on Jan 8, 2023
I'm sorry for the loss of your grandfather at sea. If there are any remedies available under South Carolina law, a local attorney would need to advise on those. But your question remains open for two weeks and you also posted under Admiralty/Maritime. Under U.S. maritime law, the Death on the... View More
answered on Jul 27, 2021
The likely charges would depend on what they did, and those are up to the police & the DA. Possible charges would be disorderly conduct, threatening, others.
My dad was in a car accident that was not his fault about a year ago where the air bag did not deploy. There were no recalls and he suffered serious injuries due to this . There were lawyers working on the case, but my dad recently passed away due to the lung issues he was having and for some... View More
answered on Jun 11, 2020
You will want to consult with his attorney, or another attorney in the state where the accident occurred. Many states have "survivor" actions that would allow the claim to go forward.
She would like to disperse the money to the six children when she gets the settlement, but is concerned we will have to pay taxes.
answered on May 4, 2020
Typically, if the amount your mother received was for bodily injuries, it is not subject to income tax. Any portion for loss of income typically is subject to income tax. Depending on the amount of the award, if your mother gifts it to her children, there is no gift tax. It depends on the amount... View More
answered on Apr 21, 2020
I am very sorry to hear of your loss. I agree with the other answer but I also wanted to share that you need to find an attorney as soon as you can, after doing your due diligence. You are going to need to subpoena a lot of documents and talk to the witnesses and get their deposition before their... View More
answered on Oct 9, 2019
SC Code 15-51-20 states that the proceeds of a wrongful death action shall go to the spouse or children. Assuming that the child is under the age of majority the proceeds will have to be placed into a conservatorship for the benefit of the child. If you have not contacted and attorney yet that is... View More
Then i received a letter in the mail from the research company requesting a copy of her death certificate and the medicine that was leftover, So I looked on the death certificate and her cause of death was COPD. do i have a case
answered on Aug 26, 2019
I'm very sorry for your loss. It's difficult to say whether you have a case without knowing additional information. An attorney would need to obtain the medical file and learn about the scope of the research study (in terms of the impact of the medication and other possible factors) and... View More
Lawyer confirmed receipt of settlement by 2/15/18. Six weeks have passed and we have received 3 different responses as to why he has not paid out yet. He does not stay in contact any longer and we are becoming concerned that the funds have been used by his firm elsewhere. My husband is ready to... View More
answered on Mar 30, 2018
Sometimes there are liens, claims for child support enforcement etc. Set up a scheduled visit--don't just drop in--to review in person what is going on. If it's a medicare/CMS claim, that can take a long time. Likewise with workers comp if it happened on the job.
answered on Mar 5, 2018
Your uncle's family should contact attorney Carl Jacobsen in Charleston. Tell him I suggested you call.
The case was prosecuted in 2013 and was allegedly headed to mediation a few months ago. Case was strong. Depositions have been conducted this year, the claim has passed initial reviews and survived - we were looking at trial soon. Now the dismissal was voluntarily filed with the clerk without... View More
answered on Nov 15, 2017
Call the attorney's secretary,explain that you want a meeting, and if you don't receive that you will have no option other than to file a complaint with the bar.
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answered on Nov 15, 2017
No one could tell that without being a doctor, seeing the autopsy report, seeing ALL of her medical records. For starters, why not consult a member of the S.C. Assn for Justice--they give free consultations.
My brother died from complications from his surgery .Can we as siblings file a suit on our behalf?
answered on Oct 10, 2017
Depends on your state. Contact a member of the SC Assn for Justice like Carl Jacobson in Charleston for a free consultation.
answered on Aug 17, 2017
Lawsuits involving wrongful death can take anywhere from months to years for settlement. Settlement may never even come and a trial may be necessary. Speak to your attorney regarding a time frame for your specific case.
Disclaimer: This answer is not intended to be legal advice and... View More
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