Mar 21, 2018 | Wrongful Death
If you, or someone you know, is facing the wrongful death of a friend or family member, you might be considering a wrongful death lawsuit to bring upon the guilty party. But, maybe you’ve heard of this type of case, but aren’t familiar with the in’s and out’s of it. So, we’re going to address just that. We’re going to explain what a wrongful death suit is. As well as who files, who receives compensation, and when it’s an applicable choice. If you’re considering a wrongful death lawsuit, it’s important that you understand it fully ahead of time.
Wrongful Death Lawsuit: Understanding the In’s and Out’s Before Filing
What is it?
This is a lawsuit brought against an at-fault party for the death of someone else due to negligence or intentional harm. A wrongful death suit will allow the estate, or the family, to file a lawsuit on their behalf. Ultimately, the suit is on part of the dead, towards the perpetrator, as a means of gaining compensation and a verdict for the affected parties.
When can you file a wrongful death suit?
You can file a wrongful death suit in a number of different circumstances as long as the injury was negligent or intentional. A few examples of reasons to bring this type of suit would be:
-Medical malpractice: Say, the doctor was drunk or he accidentally operates on the wrong body part.
-Car accident: In this instance, it could be a drunk driver, a hit and run, or a simple accident that resulted in loss of life.
-Murder: If you intentionally killed someone, that is an extremely viable time to bring a wrongful death suit against the guilty party.
What can you claim?
There are a few different categories that consider different losses that the survivors can receive compensation for. Some of those might be:
- medical costs
- pain and suffering
- loss of income
- funeral costs
- emotional loss: such as the loss of a spouse, love, or the companionship they provided
- loss of services that person could have provided
Ultimately, if you feel that you have a wrongful death on your hands, reach out to an attorney
If you’re considering a wrongful death suit, it’s important to speak with an attorney. Doing so beforehand will help to determine if you have a viable case. They’ll be able to guide you, and give you a better idea of what exactly you’re dealing with here. We wish you luck as you move forward with your wrongful death lawsuit, and offer our condolences for your loss.
Jan 21, 2012 | Car Accidents, Personal Injury, Uncategorized, Wrongful Death
1 killed in tractor-trailer accident on I-85 in Rowan County
by GREG ARGOS / NewsChannel 36
Posted on January 18, 2012 at 5:54 AM
Updated Wednesday, Jan 18 at 10:59 AM
SALISBURY, N.C. — The North Carolina Highway Patrol has reopened two lanes of Interstate 85 south in Rowan County after one person was killed in a tractor-trailer accident Wednesday morning.
“This was not our standard accident. We don’t like to see anything like this,” said Deborah Horne, a spokesperson with the Rowan County Fire Marshal’s Office.
The highway patrol says Garry Darnell Wilkerson, a UPS Freight truck driver, crashed a double trailer near exit 79, flipping the truck over the bridge onto McCanless Road below I-85 and leaving one of the trailers dangling off the overpass.
Authorities say Wilkerson, 58, appears to have not been wearing a seat belt and was ejected from the truck when it went off the overpass. No other injuries were reported. A spokesperson for UPS Freight says his company is looking into the possibility that a front tire blowout caused the crash. That same spokesperson called Wilkerson “a veteran driver” with a clean driving record.
UPS Freight says the tractor trailers were not carrying anything hazardous. The driver was mainly transporting cigarettes from Virginia to Charlotte. The North Carolina Highway Patrol and UPS Freight confirm that some of those cigarettes may have been looted by drivers passing by the scene immediately after the crash.
“Some officers from the Sheriff’s Department assisted us by guarding the cargo because we did have some cigarettes that spilled over. Of course, we don’t want any looting obviously. At that point our job is to protect the owner of the cargo,” said Sergeant Barry Hower.
DOT crews have reopened the two right lanes on I-85, but the two left lanes remain closed as they work to clear the scene.
Troopers are advising commuters to get off of I-85 south at exit 79 and use U.S. 29 as an alternate route.
Troopers also said McCanless Road will remain closed for the rest of the day.
We thank NewsChannel 36 for their story showing what can happen in a moment on our highways. We hope everyone who reads this article sees the damage that can quickly occur and slows down. Be Safe. Get Home.
At Reeves, Aiken & Hightower, LLP, all of our attorneys are trial lawyers. Whether it is criminal or civil, our litigators are regularly in Court fighting for our clients. Two of our firm’s partners, Art Aiken and Robert Reeves, are lifetime members of the Million Dollar Advocates Forum. Mr. Reeves has also been named one of the Top 100 lawyers for South Carolina in 2012 by the National Trial Lawyers Organization. Our attorneys include a former SC prosecutor, a former public defender, a former NC District Attorney intern, a former Registered Nurse (RN), and former insurance defense attorneys. As a result of their varied backgrounds, they understand the criminal, insurance defense, and medical aspects of complex cases. We welcome an opportunity to sit down and personally review your case. Call us today for a private consultation. www.rjrlaw.com
Jan 21, 2012 | Car Accidents, Personal Injury, Uncategorized, Wrongful Death
18-wheeler crash prompts cell phone usage ban for truck drivers
Posted: Sep 13, 2011 10:31 PM EDTUpdated: Sep 13, 2011 10:32 PM EDT
MONTGOMERY, AL (WSFA) –
He made a call that lasted just one second, but the crash that followed killed 11 people.
The accident happened in March of 2010 on an interstate in Kentucky. A hearing revealed that the truck driver from Jasper, Alabama was making a call on his cell phone.
Kenneth Laymon’s truck crossed the median and crashed into a van carrying a Mennonite family.
After that horrific crash, a national highway safety agency wants states to ban texting and hand-held cell phone use by truckers and commercial drivers when they’re behind the wheel.
Alabama has no such law, but the Alabama Trucking Association would like to see one and not “just” for big rig drivers.
Folks at the trucking association have been working with legislators to pass a law banning hand held communication devices for all drivers. They say the problem affects everyone.
And one truck driver couldn’t agree more.
“It’s definitely gotten worse through the years,” says Leo Chenevert.
Chenevert’s been behind the wheel of a truck for more than 30 years. He remembers when pay phones were the only way to call home.
“If a driver had to pull over to use a pay telephone, he wouldn’t be running through the median strip running over people.”
He admits he’s used a cell phone while driving.
“But it’s short and sweet, to the point, and I’m done.”
“Everyone needs to be banned from using a cell phone or at least texting while driving,” says Gene Vonderau with the Alabama Trucking Association.
He says the burden doesn’t just fall on truck drivers. He believes all motorists should be held to the same standard.
“It’s a danger to everyone on the road.”
The recommendation by the National Transportation Safety board to ban truck drivers’ hand held cell phone use will now go to the Federal Motor Carrier Safety Administration and all 50 states for action.
“We hope that maybe in the next session it will happen,” says Vonderau.
“We’ve become so dependent on electronic devices…we’re our own worst enemy,” adds Chenevert.
He says he can always spot a driver using a phone–they’re usually not going the speed limit.
His suggestion? Get a hands-free device.
Federal law already bans cell phone use for any truck drivers carrying hazardous goods.
At Reeves, Aiken & Hightower, LLP, our accomplished trial attorneys have over 70 years combined trial experience and stand ready to hold trucking companies and their drivers fully responsible when their negligence causes serious injury and death. We welcome the opportunity to sit down and personally discuss your case. Compare our attorneys’ credentials to any other firm. Then call us for a private consultation. www.rjrlaw.com
Jan 16, 2012 | Brain Injury/Head Trauma, Car Accidents, Nursing Home Abuse, Personal Injury, Uncategorized, Wrongful Death
SC Wrongful Death Statute: Here is the actual law, as enacted. Don’t worry. Keep reading. We’ll explain what it means at the end.
DEATH BY WRONGFUL ACT
SECTION 15-51-10. Civil action for wrongful act causing death.
Whenever the death of a person shall be caused by the wrongful act, neglect or default of another and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, the person who would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, although the death shall have been caused under such circumstances as make the killing in law a felony. In the event of the death of the wrongdoer, such cause of action shall survive against his personal representative.
SECTION 15-51-20. Beneficiaries of action for wrongful death; by whom brought.
Every such action shall be for the benefit of the wife or husband and child or children of the person whose death shall have been so caused, and, if there be no such wife, husband, child or children, then for the benefit of the parent or parents, and if there be none such, then for the benefit of the heirs of the person whose death shall have been so caused. Every such action shall be brought by or in the name of the executor or administrator of such person.
SECTION 15-51-30. Effect of illegitimacy.
In the event of the death of an illegitimate child or the mother of an illegitimate child by the wrongful or negligent act of another, such illegitimate child or the mother or father or the heirs at law or the distributees of such illegitimate child shall have the same rights and remedies in regard to such wrongful or negligent act as though such illegitimate child had been born in lawful wedlock.
SECTION 15-51-40. Damages; amount and to whom payable.
In every such action the jury may give damages, including exemplary damages when the wrongful act, neglect, or default was the result of recklessness, wilfulness, or malice, as they may think proportioned to the injury resulting from the death to the parties respectively for whom and for whose benefit such action shall be brought. The amount so recovered shall be divided among the before-mentioned parties in those shares as they would have been entitled to if the deceased had died intestate and the amount recovered had been personal assets of his or her estate. However, upon motion by either parent or any other party of potential interest based upon the decedent having died intestate, the probate court may deny or limit either or both parent’s entitlement for a share of the proceeds if the court determines, by a preponderance of the evidence, that the parent or parents failed to reasonably provide support for the decedent as defined in Section 63-5-20 and did not otherwise provide for the needs of the decedent during his or her minority.
SECTION 15-51-41. Court approval required for settlement of wrongful death or survival action.
Any settlement of a wrongful death or survival action must be approved by either a probate court, circuit court, or United States District Court, as provided in Section 15-51-42.
SECTION 15-51-42. Approval of settlements of wrongful death or survival actions.
(A) Only a duly appointed personal representative, as defined in Section 62-1-201(30), shall have the authority to settle wrongful death or survival actions.
(B) If no action is pending, the personal representative shall petition either the probate or the circuit court of this State seeking approval of a proposed settlement. The petition must be verified by the personal representative and shall set forth, in terms satisfactory to the court in which the petition is filed, the basic facts surrounding the death of the decedent, the pertinent facts surrounding the liability of the alleged wrongdoer, the amount of insurance available to pay for damages, the terms of the proposed settlement, the statutory beneficiaries of the wrongful death or survival action, the heirs at law or appropriate devisees of the estate, the appropriate creditors, the amount of their claims, and, if the personal representative has retained legal counsel, the terms and provisions of the agreement with respect to attorney’s fees and costs.
It is not necessary that a personal representative be represented by legal counsel for the court to consider the petition and approve the settlement. If the personal representative is represented by legal counsel, the counsel shall sign a certificate attesting to the fact that he is of the opinion that the settlement is fair and reasonable and in the best interests of the statutory beneficiaries and, in a survival action, the estate of the decedent.
The court shall schedule a hearing and receive into evidence those facts that the court considers necessary and proper to evaluate the settlement. After conducting this inquiry, the court shall issue its order either approving or disapproving the proposed settlement. If the settlement is approved by the court, the personal representative has the power to conclude the settlement, including the execution of those documents as the settlement terms contemplate.
(C) If a wrongful death or survival action has been filed in state court and:
(1) the settlement agreement between the parties is reached before the matters reach trial, the personal representative shall petition the court in which the wrongful death or survival action has been filed and follow the procedure for settlement as provided in (B) above;
(2) the settlement agreement is reached during the trial, or after trial but before notice of appeal is filed, of either the wrongful death or survival action, then no petition is necessary, and the court shall conduct a hearing, at which the parties may present to the court the pertinent facts and information, including that information required in subsection (B) above, which the court may require in order to consider whether to approve or disapprove the settlement. If the court finds the settlement is fair and reasonable and in the best interests of the statutory beneficiaries and, in a survival action, the estate of the decedent, then the court shall issue its order approving the settlement;
(3) the settlement agreement is reached after notice of appeal is filed, the personal representative shall petition the appellate court before which the matter is pending to remand the case to the circuit court for consideration of the settlement agreement in accordance with the procedure outlined in (2) above.
(D) For any actions pending in the federal courts, the same procedure may be followed, but the federal court, at its discretion, may issue an order transferring the case to state court for consideration of the proposed settlement.
(E) Once a settlement agreement has been approved by an appropriate court, the person paying the settlement proceeds and all those on whose behalf the payment is made and any other persons who could be responsible because of the actions on whose behalf the settlement proceeds are being paid, are relieved and discharged from further liability and shall have no obligation or legal duty to see to the appropriate or proper distribution of the settlement proceeds among either the wrongful-death beneficiaries or those entitled to the proceeds of the settlement of the survival action. Once payment has been made to the personal representative, the obligations of the person making the payment and those on whose behalf the payment is being made, and all those who could be responsible for the actions of these persons, are fully and completely released and finally and forever discharged from any further responsibility in connection with the action or actions.
(F) Any person bringing a wrongful death or survival action in a court other than the probate court must notify the probate court of this action within ten days after the filing of the action. The provisions of this subsection apply to wrongful death or survival actions filed after the effective date of this section.
(G) When the administration of an estate is final except for the administration of survival action proceeds because of the pendency of a survival action brought on behalf of the estate, the probate court may issue, upon petition by the personal representative, a special order providing that no accountings are required until the survival action is settled or verdict rendered in a trial. The attorney for the personal representative must notify the probate court immediately upon completion of the survival action and furnish the court with a copy of the order approving settlement or a copy of the judgment, whichever is appropriate.
SECTION 15-51-50. Liability for costs.
The executor or administrator, plaintiff in the action, shall be liable to costs in case there be a verdict for the defendant or nonsuit or discontinuance, out of the goods, chattels and lands of the testator or intestate, if any.
SECTION 15-51-60. Effect of action prior to death.
The provisions of this article shall not apply to any case in which the person injured has, for such injury, brought action, which has proceeded to trial and final judgment before his or her death.
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So what does this complex statute really mean? It means you had better retain an experienced wrongful death trial attorney that knows what they are doing. Every lawyer advertises for these cases, but few actually understand this area of the law. One website actually boasts that they advise recovery based on tax consequences and who gets the money. There are actually two (2) potential causes of action, and you always pursue both. The first is a “survival” action which is brought on behalf of the decedent. If you can prove that they lived for only an instant, their estate would be entitled to compensation for pain and suffering, medical bills, and funeral expenses. Those funds would be distributed according to a will or intestacy laws. The second cause of action is for “wrongful death” and is for such damages as loss of support, services, and companionship. Those benefits would go to the family directly.
The personal injury trial attorneys at Reeves, Aiken & Hightower, LLP, are seasoned litigators with over 70 years combined experience. We welcome the opportunity to sit down and discuss your particular case. Compare our attorneys’ credentials to any other firm. Then call us for a private consultation. www.rjrlaw.com
