In South Carolina, the deceased person’s estate executor files the wrongful death lawsuit, but the compensation goes to specific family members as defined by state law. The people who get money in a wrongful death lawsuit are typically the surviving spouse and children, followed by parents and then other heirs. Probate law controls who takes …
How is Negligence Proven in a Slip and Fall Claim?
Negligence in a slip and fall claim is proven by demonstrating that the property owner or manager failed to maintain reasonably safe conditions, leading to an injury. This involves showing that the owner owed a duty of care, breached that duty, caused the injury and that the injury resulted in measurable damages. Slip and fall …
How Long Does it Take to Settle a Slip and Fall Claim?
The time it takes to settle a slip and fall claim depends on the circumstances of your case. Each case is unique, and several factors can affect how quickly you receive compensation. Our slip and fall accident lawyers in Charleston explain below what can change the timeline. At a minimum, you should expect your case …
How Do I Prove Wrongful Death in South Carolina?
To prove wrongful death in South Carolina, you must prove that the deceased would have had a valid personal injury lawsuit against whoever killed them had they survived. A wrongful death occurs when someone dies due to another party’s negligent, reckless, or intentional actions. In other words, the survivors must prove that the responsible party …
How Are Wrongful Death Settlements Paid Out?
In South Carolina, wrongful death cases can have two different types of claims: a wrongful death action and a survival action. Each has its own rules for how settlements are paid out. We’ll explain both to help you understand what to expect. South Carolina law specifically outlines who can receive compensation from a wrongful death …
What Are the Chances of Winning a Wrongful Death Suit?
The chances of winning a wrongful death suit depend on several factors. These include the strength of the evidence, how clear the liability is, and the skill of your legal representation. There are also legal hurdles that must be overcome to win at all, like filing your case before the statute of limitations for wrongful …
How Much Does it Cost to Sue Someone?
The cost of suing someone will depend on several factors, including the rates of the personal injury law firm you hire to handle your claim and the legal expenses associated with your case. A Charleston personal injury lawyer can provide you with more detailed information about the costs of filing a lawsuit. An attorney can …
Will My Disability Benefits Change When I Turn 65?
In most cases, your disability benefits will not change when you turn 65. Instead, you can expect your disability benefits to change to retirement benefits only when you turn 66 or 67 in South Carolina. A Charleston personal injury lawyer can review your circumstances and provide more exact information about when your benefits will change …
Will I Lose My Disability if I Work Part-Time?
You may not lose your disability if you work part-time in South Carolina as long as you keep your income below an upper limit set by the Social Security Administration (SSA). The upper limit for allowable earnings can change on a yearly basis. A Charleston personal injury lawyer can review your situation and help you …
Is South Carolina a Stop and ID State?
Is South Carolina a stop-and-ID state? That depends on whether police have reasonable suspicion or probable cause. Officers can lawfully use various investigative techniques—but South Carolina does not have a stop-and-ID statute. Unlawful police stops that lack reasonable suspicion can violate an individual’s Fourth Amendment rights, which protect against unlawful search and seizure. Courts have …
