First of all, let’s start this discussion by offering you our condolences for your loss. Almost certainly the worst call you will ever receive. While those who know sudden loss can relate, every situation is different. Although your world just turned upside down, we can help. We are Fort Mill wrongful death attorneys here in Baxter Village.
Fort Mill Wrongful Death Claims
Because they are so serious, wrongful death cases are usually hard fought, both legally and medically. On the legal side, there may actually be two claims – a wrongful death and a survival action. On the wrongful death side, benefits are paid to the deceased person’s heirs directly based on their loss of companionship and/or guidance they would have had if their loved one had lived. Benefits are not taxed and are paid to all heirs with or without a will.
The survival action is so named because the claim “survives” the death of the individual, and benefits are paid through the estate pursuant to a will or intestacy laws. Those damages include medical charges, lost wages, and pain and suffering, and funeral expenses. Many times, families are naturally concerned about who is going to have to pay for the hospital and other bills. Wrongful death benefits are not part of the person’s estate, and thus, are not subject to medical liens. Survival action benefits, on the other hand, are part of the person’s estate and can be used to satisfy associated costs and/or liens.
On the medical side, there can be and usually are complicating factors such as advanced age or pre-existing conditions that may play a role in the eventual death. An autopsy is almost always necessary to establish the primary cause of death. Expert witnesses may need to review records and testify in order to show whether the accident or some other condition is responsible for death. Those opinions can make the difference in proving a wrongful death case. Without this critical finding, an otherwise good case may be thrown out and dismissed.
As a former Registered Nurse (RN), attorney Robert J. Reeves is able to read and understand complex medical records, including autopsy reports. He can then apply his knowledge of anatomy and physiology to interview and later depose forensic pathologists and other medical experts to establish the necessary causation in cases with conflicting evidence. It has to be sorted out and then explained to prevail in court.
Robert J. Reeves P.C.
The trial lawyers of Robert J. Reeves P.C. are located here in Baxter Village / Fort Mill. Our attorneys have diverse background including a former insurance defense attorney and a former SC prosecutor. In many cases, there are a criminal aspects in that the person who causes the accident may also be charged with drunk driving or reckless driving. If the person charged is ultimately convicted, liability in the civil case may be established and could even allow for punitive damages. Our lawyers are proud of their history of helping families in Fort Mill / York County and have been recognized by their peers. Mr. Reeves has been inducted into the Million Dollar Advocates Forum, National Trial Lawyers Top 100, and Super Lawyers.
Choosing the Right Lawyer for You
In considering which law firm to hire, we encourage you to carefully review and compare our attorneys’ credentials and qualifications against any other firm. Then, interview several lawyers and get a feel for whether you can work with them. While meeting, we answer your questions and explain how the process works. At the end of our meeting, you can decide which law firm gives you the most confidence and also puts you at ease. Rather than trying to do this alone, focus on your family and getting through the grief process. Let us worry about the legal case. To find out more about us or to speak directly with one of our lawyers, please call 803-554-4157, evenings, weekends, or holidays. We know this is serious and will do everything we can to help you and your family get through this ordeal. Call us now and let’s get started.
*Membership in the Million Dollar Advocates Forum is not intended to imply a valuation of any case. Each case is different and final outcome depends on individuals factors.