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South Carolina Wrongful Death Questions & Answers
2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Wrongful Death for South Carolina on
Q: How would a suspect fleeing on foot while armed or presenting to be armed effect TN V Garner?

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

James L. Arrasmith
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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

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1 Answer | Asked in Personal Injury, Civil Litigation and Wrongful Death for South Carolina on
Q: What can I do if my old trucking company is being falsely accused in a wrongful death lawsuit?

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

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Family Law, Wrongful Death and Probate for South Carolina on
Q: How do I get my deceased father's medical records in Anderson sc.
Roy Willey
Roy Willey
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

1 Answer | Asked in Wrongful Death and Medical Malpractice for South Carolina on
Q: How long are blood and tissue samples saved in SC for the purpose of lawsuit? Who can obtain them!?

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

Roy Willey
Roy Willey
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...
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1 Answer | Asked in Admiralty / Maritime, Civil Rights, Libel & Slander and Wrongful Death for South Carolina on
Q: My grandfather disappeared at sea while abord the S.S. Robert Luckenbach owned by the U.S.S. Luckenbach company. Help?

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?

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Civil Litigation, Health Care Law, Personal Injury and Wrongful Death for South Carolina on
Q: Can my family sue for how a hospital profiled my mother who passed away? Failed to diagnose cancer but passed from clot.

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

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for South Carolina on
Q: My father died Jan 10, 2020 in Vanderbilt Hospital where he was sent by the VA in Columbia, SC for a stem cell treatment

he died from nasal cavaty cleaning that went to far and hit his brain he bled out and died.

Joel Gary Selik
Joel Gary Selik
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.

2 Answers | Asked in Criminal Law, Personal Injury and Wrongful Death for South Carolina on
Q: When a person "gets in my face" because of road rage, could that be prosecuted as assault or attempted murder,
Peter N. Munsing
Peter N. Munsing
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.

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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... View 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... View 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... View 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... View 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... View 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... View 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,... View 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... View 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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