Mar 30, 2013 | Uncategorized, Wrongful Death
A man, who was walking his dog on the intersection of Prosperity Church Road and Loganville Drive, was struck by a vehicle and later died from his injuries. The driver of the vehicle is being charged with driving while impaired (DWI). The dog was taken to Animal Care and is recovering from a broken hind leg.
The 65-year-old driver was arrested at the scene and taken to a local hospital for B.A.C. testing. After his blood tested positive for alcohol, he was taken into the Mecklenburg County Intake Center.
Here, there is a potential North Carolina wrongful death action. In wrongful death cases, there are two potential types of benefits. The first is a “survival action” where the decedent lives for even an instant before death; where witnesses at the scene or autopsy results are vital. If proven, the decedent’s estate is entitled to medical bills, funeral expenses, and pain and suffering. The second type of benefit, which does not go through the estate is a loss of support, services, and companionship (loss of consortium) and goes directly to the family members.
If you have lost a loved one, and qualify under the statute for a loss of consortium claim, or think you may, contact the law offices of Reeves, Aiken & Hightower, LLP. For a consultation, contact our Baxter Village office located in Fort Mill, South Carolina at 803-548-4444, or toll-free at 877-374-5999.
Mar 28, 2013 | Uncategorized, Wrongful Death
A fatal collision has occurred in Hartsville, South Carolina where two car collided around 8:00 p.m. on North Center Road. The Toyota contained three occupants when it was struck head-on by a Chevy traveling south.
The driver was not wearing his seat-belt, and was pronounced dead on the scene. The front passenger was also not wearing a seat-belt and was transported to a local hospital. Next, the left rear passenger was pronounced dead on the scene. Finally, the other driver was not wearing a seat-belt, and was pronounced dead on the scene.
When a terrible accident such as this takes place, questions come to mind as to who is at fault for the events that took place. While investigators determine what the cause of the accident is, it is important for the victims and victims families to determine how they can be recompensed for the loss they have incurred. No monetary judgment can mend the losses of someone who has lost a loved one. The South Carolina wrongful death statute reads as follows:
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.
Therefore, if you or a loved one has been affected by an accident that may be remedied by the Wrongful Death Statute statute, call the law offices of Reeves, Aiken & Hightower at our Baxter Village office located in Fort Mill, South Carolina. For a consultation call us at 803-548-4444, or toll-free at 877-374-5999.
Mar 21, 2013 | Uncategorized, Wrongful Death
An Easley, South Carolina man was killed around 1:30 a.m. Wednesday when he was struck by several cars on S.C. 135. The man was about a mile from his car when he was hit, according to Pickens County Coroner.
The first car to strike was a 2010 Mitsubishi driven by a 23-year-old Anderson resident. Thereafter, two other cars hit the man. He died shortly afterward. None of the drivers were injured in the accident. It is further reported that the man died of blunt force trauma.
Although this accident may not be perfect for a wrongful death suit; depending on the conditions surrounding the accident, a similar accident may be. Wrongful death in South Carolina is a tort action governed by statute. The action is brought by the administrator of the decedent’s estate.
A wrongful death may be the result of an intentional tort. The cause of action may also be based on products liability or breach of warranty, although most commonly it will be brought as a negligence action. In order to recover in a wrongful death action based on negligence, the plaintiff must show the following elements:
(1) A duty of care owed by the defendant to the decedent;
(2) A breach of that duty by a negligent act or omission; and
(3) Damages proximately resulting from the breach.
The elements are defined as follows:
(1) The duty of care owed to a decedent by a defendant in a wrongful death case will be determined by the nature of the action; for example, medical malpractice, premises liability etc. The duty might also be based on statute. The South Carolina Supreme Court has said that in order to show a duty of care, based on a statute, the plaintiff must show: (a) that the essential purpose of the statute is to protect from the kid of harm the plaintiff suffered, and (b) that he is a member of the class of persons the statute is intended to protect.
(2) The plaintiff must next show the defendant breached the duty of care. Generally a breach of duty exists when it is foreseeable that conduct may likely injure a person to whom a duty is owed.
(3) Next, the plaintiff must show the breach of duty was the proximate cause of the injury. The South Carolina Supreme Court has ruled that proximate cause requires proof of causation in fact, and legal cause. Causation in fact is proven by establishing the injury would not have occurred “but for” the defendant’s negligence. Legal cause is proven by establishing foreseeability.
If your husband, or other very close family member has died, and you think that it could potentially fall under the wrongful death category, call the law offices of Reeves, Aiken & Hightower, LLP for a consultation. You can reach our Baxter Village office located in Fort Mill, South Carolina at 803-548-4444, or toll-free at 877-374-5999. We know how hard it is to lose someone close to you, and we are here to help.
Mar 14, 2013 | Motorcycle Accidents, Uncategorized, Wrongful Death
A Lancaster resident has subsequently passed away after a violent motorcycle accident she was involved in earlier in the month.
Accordingly, the 42-year-old Lancaster woman was riding her motorcycle around 4:45 p.m. when she was travelling westbound on S,C, 5.
She was driving her a 1997 Kawasaki motorcycle, when a vehicle travelling eastbound began to approach her. When the car and the motorcycle were parallel to one another, the car attempted to make a left turn onto Steel Hill Road, colliding with the victim’s motorcycle.
The Lancaster woman was not wearing her helmet at the time of the accident. Upon the paramedics arrival, the victim was airlifted to the closest hospital in Charlotte, North Carolina.
The victim survived for a little over a week, until she was subsequently pronounced dead while still in the hospital.
There are no clues or suspicions as to if either of the drivers were intoxicated while operating their vehicles.
Motorcycle accidents are exponentially more dangerous then that of a regular car. The rationale is that when you are driving a car, you have more metal and protection between you and the collision. However, unlike a typical car, the only thing protecting a person driving a motorcycle from impact due to a collision is their own bodies.
That being said, it is pertinent that one driving a motorcycle exercises extra precautions when operating their vehicle. Wearing a helmet is key. If there is no protection between you and the possible impact, the best thing to do is use your brain and protect it. Thousands of people die every year from serious head or brain injuries due to motorcycle accidents whereas the result may have been different if their head had been protected.
If you, or someone you know has been involved in a motorcycle accident in the Lancaster, York, or Indian Land regions/counties of South Carolina, contact the experienced motorcycle attorneys at Reeves, Aiken, and Hightower. We understand that accidents happen, and are here to help. Contact us today at 803-548-4444 or toll-free at 877-374-5999.
Mar 12, 2013 | Car Accidents, Child Accidents, Personal Injury, Uncategorized, Wrongful Death
A Charlotte woman has been arrested and charged with a misdemeanor death by vehicle after she was involved in a fatal car accident Sunday morning. Accordingly, the Charlotte-Mecklenburg Police Department arrested the woman after she crashed her SUV into a Saturn and the driver subsequently died.
The police have not released what they believe to be the cause of the accident, however, the report does state that the 38 year old Charlotte resident crossed over the center line on Mallard Creek Road near the intersection of Sawgrass Ridge Place and struck a Saturn Ion head-on.
According to a nearby witness, the SUV flew up in the air, flipped twice while still air-born, and then landed on its hood. The witness stated that apparently the Saturn flipped as well, causing firefighters to have a tough time getting the driver out. It took the Fire Department 27 minutes to free the now deceased passenger of the Saturn.
The driver of the Saturn was pronounced dead upon arrival to Carolinas Medical Center. Two other passengers were airlifted to CMC-Main with Life threatening injuries.
Another witness played her role in supporting her community, when she ran to the SUV to help the four children inside. The witness states that the children all crawled out of the SUV and into her arms, where they stayed until the ambulance arrived. The children only had minor injuries and lacerations.
The Police arrested the driver of the SUV and charged her with “misdemeanor death by vehicle and driving with no liability insurance.”
She was released late Sunday night from the Mecklenburg County Jail under $10,500 bond.
The police have stated they do not believe alcohol was a factor in the accident.
Being involved in any sort of accident can be terrible and frightening, whether you were the person at fault or not. At Reeves, Aiken, and Hightower, we have been exposed to every type of car accident and are equipped to handle your case. Contact us today for a free consultation at 704-499-9000 or toll free at 877-374-5999.
Jan 28, 2013 | Bicycling Accidents, Brain Injury/Head Trauma, Bus Accidents, Car Accidents, Pedestrian Accidents, Personal Injury, Premises Liability, Uncategorized, Wrongful Death
An Amtrak train had to make an unexpected and sudden stop on Sunday night. The train, which departed for Raleigh at 5:15 from near Charlotte, struck a man trespassing on the tracks.
The accident occurred just outside of Kannapolis in Concord, NC, according to Amtrak reports. Amtrak also stated that no passengers were harmed and the train was not damaged. Authorities are investigating the incident and attempting to find information as to what the man was doing on the tracks.
Any injury can have a devastating effect on a person’s financial and emotional well-being. If you or someone you know has been injured in a wreck or accident, contact the law offices of Reeves, Aiken, and Hightower to consult with one of our personal injury attorneys. Our personal injury attorneys handle cases in North and South Carolina. Our personal injury attorneys understand the hardships that come with injury related to an accident. We are licensed in both North and South Carolina, where you can contact us at 704-499-9000 or 877-374-5999 toll-free.
