Wrongful Death: Teacher’s Aid Killed

“Light installed at crosswalk where teacher’s aide killed”

Certainly, the vehicle that struck this lady would be a potential defendant in a wrongful death claim arising out of this tragic incident.  As with any personal injury or wrongful death claim, a lot is going to depend on the investigation, which will reveal how fast the vehicle was going, whether the aide was in the crosswalk, etc.  Also, the governmental body that maintains the crosswalk could face a possible claim for not providing lighting, and the school district could be another potential defendant.  Finally, if attending the games was one of the duties of school personnel, there could even be a workers’ compensation claim arising out of this.  This case has a lot of potential issues, and a qualified injury lawyer would want to get started on it right away.

Student Killed at School

“Friends:  Student who was killed was not violent”

The family of this student could possibly have a wrongful death case against the school district where this occurred?  It would depend on if the officer’s actions were reasonable in self defense, or if they were “over the top”, and went past the limit for protection.  Certainly, the fact that the student stabbed him and had a knife was grounds for some serious action, multiple shots, including a deadly one could be considered by some to be questionable.  It depends on how the investigation pans out.  A good wrongful death attorney would want to get started on this one quickly to get the facts.

Wrongful Death: Pedestrian Struck by SUV

“Blind pedestrian struck, killed by SUV”

A wrongful death attorney contacted by the family of the victim would need to do a complete investigation.  Like any wrongful death attorney knows, a big chunk of the case is decided in the early stages, when everything is fresh and capable of being investigated.  For example, I would be inclined to question any witnesses, get pictures of the car and the scene, and probably even look at the scene myself. 

If the driver of the car is not represented, I would possibly try to contact him or her, and actually take a statement, as long as they are aware of my interests. I would want to find out the speed the driver was going, and when he first noticed the pedestrian in the road.  A lot goes into investigating a wrongful death, and the sooner we can get started the better.

Wrongful Death: SC Trooper Killed

“SC trooper killed during memorial motorcycle ride”

What an awful and tragic occurrence this was. 

This potential case has wrongful death and workers’ compensation implications, and is something that a wrongful death attorney would want to jump right on as far as investigating, getting the necessary witness statements, etc.  Even though the trooper may have been “off the clock” at the time of this wrongful death, if it could be shown that it was a part of his work activities, a workers’ compensation attorney would probably be able to get this incident covered.  Furthermore, a wrongful death attorney would pursue a third party liability claim against the at-fault driver and her insurance company. 

There is nothing we wrongful death attorneys would like to see more than an event like this never occurring, but once it does, we try our best to get compensation for the family of the victim.

Wrongful Death Car Accident

“Two Allen University students die in wreck”

 

A truly tragic occurrence that will almost certainly result in a wrongful death attorney getting involved, preferably at an early stage.  Hopefully, the insurance policy covering the vehicle the drunk driver was driving will be sizeable.  If not,  a wrongful death attorney would explore any other coverage that might be available, including excess liability coverage, as well as undersinsured motorist coverage on the vehicle the students were in, as well as any personal policies.  A competent wrongful death attorney would get a jump on this case, and start an investigation immediately. 

What a horrible tragedy this entails.

Truck Accident Leads to Wrongful Deaths

“Truck driver not guilty in wreck that killed 2 children”

 

This is a case that has wrongful death and personal injury claim potential.  As any competent injury lawyer or wrongful death attorney knows, a decision by a judge or jury in a criminal court is not binding, nor is it admissible evidence, in a civil claim arising out of the same conduct.  I am not aware if the family in this instance has hired an accident attorney, but if they have, the claim will be going forward regardless of what happened in the criminal proceeding.  There is a different standard in the criminal case (reasonable doubt) versus the civil claim (preponderance of the evidence), so the family and their lawyer should not be deterred.  If the truck driver, then I hope as an accident lawyer that they will be able to make a good recovery down the road.

Can A Wrongful Death Caused by A Drive-By Shooting Be Covered By Insurance?

A wrongful death lawyer deals with things that would be surprising to most people.

Consider a “drive by” shooting, where the victim is in his/her car, and the assailants use their car as an intrinsic part of the assault. This is very different than ‘a shooting’ where a car might be just the location of the shooting.  Believe it or not, this kind of situation could end up being covered by the auto insurance policy on either the assailant’s vehicle, or if they were uninsured, by the uninsured motorist coverage on the victim’s car.

Drive-By Shooting Image

Again, the key is to show that the car was more than just the location of the shooting, but was a part of the assault itself.  Of course, if the shooting victim dies (fatality), then the wrongful death laws would apply, and if he/she were on the job, then it would be a workers’ compensation claim along with a third party liability claim.  A person who is not represented by an injury attorney would have a hard time navigating through these issues, so make sure you contact a competent wrongful death attorney if you face any such issues.

Wrongful Death Claim? Mediation Can Help.

 

If you are pursuing a wrongful death claim, you need to work with the right wrongful death attorney. The right lawyer, with experience in this particular part of personal injury law, can help you get through a potentially tough case with minimal complications.  One area where a wrongful death lawyer  can assist is ‘mediation’.

“Mediators help resolve disputes.”

http://www.thestate.com/local/story/894888.html

 

wrongful death claim image

Mediation can be helpful in any case, but in South Carolina, mandatory mediation is in place for cases where the claim exceeds $25,000. 

The mediation process is something that wrongful death attorneys make great use of.  The entire process is very informal, and very helpful.  The parties in the case agree on a neutral person, usually another lawyer, to serve as the mediator. 

The mediator then works to bring the parties together on mutually beneficial outcome. 

Obviously, it is important to choose a mediator who is knowledgeable about wrongful death laws, (usually an injury attorney).  Successful mediation can save the involved parties a lot of money which would otherwise have been spent on taking a case all the way to trial.  

The death of a loved one due to negligence of another party can be tough enough. Anything that simplifies the process is welcomed by most parties, and mediation is a great convenience and help. 

If you think you have a claim for wrongful death or other personal injury type of claim, I’m here to help. You can reach my office for questions at 803-252-1800.

Wrongful Death Attorney: Appointment of Personal Representative

One of the sets of hurdles I have to jump through as a wrongful death attorney is the probate courts’ requirements.

Some probate courts require a death certificate before they will even accept the petition for appointment of personal representative.  This can take some time, depending on the coroner’s office which is investigating the death.  The coroner of the county where the death occurred does the investigation and issues the certificate.  There is really not a whole lot we wrongful death attorneys can do to speed up the process, and without an appointment of personal representative, it’s impossible to go forward.

I’m a wrongful death attorney in Columbia, SC and I’m available to answer your questions or help you with your case.

One Hit and Run Auto Accident- 3 Types of Claims

If you’re the victim of an accident involving a hit and run driver, it is absolutely essential that you notify the police.

In the event that they are not able to find the hit-and-run-driver, the claim will be filed against the uninsured motorist coverage on the car or other vehicle you were operating at the time of the accident.

On top of that, if it was a company-owned vehicle, or if you were running an errand for a company errand when the accident occurred, then it would constitute a workers’ compensation claim (or workmans comp claim) as well.

In the unfortunate situation of someone dying as a result of the accident then it is entirely possible that the wrongful death laws would apply as well.

All of these claims are possible, but without an official accident report being filed, most uninsured motorist insurance carriers are going to deny the claim.  Therefore, even if it’s the next day or a couple days later, make sure you call the police and get that accident report filed.

I represent many cases like this as a wrongful death attorney in Columbia, SC. I’m here if you have questions or need legal representation.