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South Carolina Wrongful Death Questions & Answers
2 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for South Carolina on
Q: Car accident

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... Read more »

Tyler Young
Tyler Young 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.

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1 Answer | Asked in Tax Law and Wrongful Death for South Carolina on
Q: My mother is receiving a settlement for my father's wrongful death. Can she gift that money to her children tax free?

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.

David Ostrove
David Ostrove 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... Read more »

4 Answers | Asked in Elder Law, Nursing Home Abuse, Personal Injury and Wrongful Death for South Carolina on
Q: My father was in an expensive nursing home in Massachusetts -- a nurse gave him Covid 19 and he died, can we sue them?
Carole Jean Hayes
Carole Jean Hayes 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... Read more »

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1 Answer | Asked in Wrongful Death for South Carolina on
Q: Our unwed child died and we adopted her infant son. How would the award be distributed in a wrongful death case?
Ryan D Templeton
Ryan D Templeton 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... Read more »

1 Answer | Asked in Wrongful Death for South Carolina on
Q: my mother was in a research study for COPD that her lung Doctor was overseeing. Then she suddenly passed away.

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

Tim Akpinar
Tim Akpinar 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... Read more »

1 Answer | Asked in Wrongful Death for South Carolina on
Q: Max time SC lawyer has to pay out to clients after receiving settlement?

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... Read more »

Peter N. Munsing
Peter N. Munsing 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.

1 Answer | Asked in Criminal Law, Civil Rights and Wrongful Death for South Carolina on
Q: Can I file a lawsuit on food loin my uncle got killed by the food loin security beating and slam him on his head and
Peter N. Munsing
Peter N. Munsing answered on Mar 5, 2018

Your uncle's family should contact attorney Carl Jacobsen in Charleston. Tell him I suggested you call.

1 Answer | Asked in Medical Malpractice and Wrongful Death for South Carolina on
Q: My mother passed away recently- I would like a lawyer to let me know if her meds were to blame- I have made a list

calcium acetate, clonidine, sensipar, lisinopril, atorvastatin, olmesartan, premarin, zetia, ranitidine, doxazosin mesylate, metoprolol, metoclopramide, benicar, amlodipine besylate, isosorbide mononitra, sodium bicarbonate, fosrenol, warfarin sodium, moxiflaxacin hcl, losartan potassium,... Read more »

Peter N. Munsing
Peter N. Munsing 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.

1 Answer | Asked in Personal Injury, Medical Malpractice, Probate and Wrongful Death for South Carolina on
Q: My lawyer filed a voluntarily dismissal of my complaint w/o explanation and is avoiding my calls. What should I do?

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... Read more »

Peter N. Munsing
Peter N. Munsing 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.

1 Answer | Asked in Wrongful Death for South Carolina on
Q: Do siblings have any rights in a wrongful death suit or is it just the spouse?

My brother died from complications from his surgery .Can we as siblings file a suit on our behalf?

Peter N. Munsing
Peter N. Munsing 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.

1 Answer | Asked in Wrongful Death for South Carolina on
Q: When documents of a case is made public to see does that mean the case is done. "Wrongful death"

He died n 2012 the case started in 2014 and now I think it's done. I can see all the documents online . What does that mean...she continues to tell us the money is sitting in federal bank don't know why but we should be getting it in Sept 2017

Peter N. Munsing
Peter N. Munsing answered on Aug 24, 2017

Sit down, in person, for an explanation.

2 Answers | Asked in Wrongful Death for South Carolina on
Q: How long does a wrongful death lawsuit takes to be settled
Taylor Silver
Taylor Silver 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...
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1 Answer | Asked in Personal Injury, Wrongful Death, Consumer Law and Criminal Law for South Carolina on
Q: Can I sue a hospital for gross negligence? My wife got an HAI from a local hospital, that went undetected and untreated.

She was transferred directly from that hospital, by ambulance, to Duke Medical Center where they discovered the infection almost immediately. It had already become Sepsis and she died from that infection 6 days later. I can produce the medical records from both hospitals and a letter from Duke... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 29, 2017

Unlikely on the criminal. Contact attorney Carl Jacobson in Charleston. Tell him I suggested you call. He will give you a free consult, is extremely experienced. Infection cases aren't automatic liability.

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