www.needaninjuryattorneysouthcarolina.com Wrongful Death
Have you lost a loved one due to the negligent or willful actions of another? South Carolina has a cause of action for wrongful death under Code § 15-51-10. This statute allows a wrongful death claim to proceed where a person’s death was “caused by the wrongful act, neglect or default of another,” and the deceased person would have been entitled to recover damages from the wrongdoer if he or she had survived.
A wrongful death suit can be raised by a wide range of sources when a fatality has occurred such as a car or truck accident, motorcycle or biking accident, nursing care or medical malpractice, and defective or dangerous products. These cases are often very technical and require the stewardship of a qualified attorney and this subject area is one where we are experts with South Carolina Law.
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Every case is different and due to the loss of life can be very highly contested by the other party. We’ll make sure that your case is fully in order and brought forward within the complexities of South Carolina laws. It is important to note that a wrongful death action in South Carolina can only be brought by or in the name of the executor or administrator of the deceased person. Also, important to note that any damages that are rewarded in a wrongful death case are divided among the spouse and children, parents or other heirs in accordance to shares that they would have been entitled to as if the deceased party died without a will in force and the recovery had been part of the personal assets of the estate. It is complexities like this that mandate proper legal counsel to ensure that these matters are tended to with the full force of the
On September 12, 2014, Denise Rockett filed a complaint against Eugene Nigro, Esq. Nigro was reportedly negligent when handling legal matters in her late husband’s estate. Specifically, the complainant alleges that Denise, as Executrix of her late husband’s estate, was intentionally excluded from major decisions, not properly compensated, and deprived of control over their properties. Nigro allegedly breached his fiduciary obligation and violated Mass.R.Prof.C. 1.4(b), 1.7(b), and 8.4(c).
The Death with Dignity Act was passed in Oregon in 1994, and it is another option for dying with those who have terminal diseases. These people that want to die with dignity have to be seen by at least two doctors and have six or less months to live. While making the decision to use this act, the patient must be in a safe mental state to be making this decision. Currently, Oregon, Washington, Vermont, and soon to be California are the only states to carry the Death with Dignity Act. (Death)
A dentist fits several children with braces. The children are regular patients of the dentist. The results for some of the patients turn out to be unacceptable and damaging. There are children who have developed gum infections due to improperly tightened braces. Some mistakenly had their permanent teeth removed, while others have misaligned bites. A local attorney becomes aware of these incidences, looks further into it, and realizes the dentist has not been properly trained and holds no legal license to practice dentistry or orthodontics. The attorney decides to act on behalf of the displeased patients and files a class action lawsuit. The attorney plans to prove the dentist negligent and guilty of dental malpractice by providing proof using the four D’s of negligence. The four D’s of negligence are duty, dereliction, direct cause and damages.
We all know that living is an expensive experience. You’re required to pay taxes, pay for food, and pay for shelter. The counterpart of living, however, can also be quite expensive. In fact, Death is one of the most profitable events in life generating about 15 billion dollars a year (Qtd. In Crawford). With profit, however, comes greed and the Mortuary business has it’s fair share of corruption. Although a profit is necessary to maintain a business the extent to which some morticians go to maximize their profits is disgusting. While laws that Morticians must follow exist, their lack of enforcement renders them useless. That being said, these issues need to be addressed and solved.
A wrongful death lawsuit can be filed in the state of Washington if someone dies because of the actions or neglect of another person. If that person's actions somehow lead to the death of a loved one, they can be held responsible in civil court.
Bryan, it appears that South Carolina’s court system is similar to that of Missouri. I appreciated you thread and with that being said, Professor has proposed the following question, “If there could be changes made to make our court system more compatible with the biblical model, what would it be and why?” Most would agree that our country was founded on Christian principles and those that don’t should thank their lucky stars that we were (e.g., atheists, socialists). Our God is God of “all” and that includes civil government. The practical reality of liberal politics is the reduction of institutions that advocate true compassion and fairness, including the Constitution, the Bill of Rights, federalism, the Rule of Law, natural law, and traditional
All humans will die. Approximately 2,155,000 people from the United States will die in one year. In the United States, during the year of 1989, 34% of all deaths were caused by heart disease, 23% caused by cancer, 6% by strokes, and 2.2% by accidents involving motor vehicles. In that same year, 5.5% of the deaths were caused by medical negligence and suicide (Leading causes). This does not take into consideration the number of people who were killed by assisted suicide and euthanasia. Passive euthanasia is described as the intentional discontinuation, by the patient's physician, of vital treatment that could prolong the person's life. Assisted suicide occurs when a health care worker provides a patient with tools and/or medication that will help the patient kill him or herself, without the direct intervention of the care provider. Active euthanasia takes place when the doctor is responsible for the killing of the patient; for example, when the doctor administers a lethal injection (Schofield, 25). Active euthanasia is illegal in the United States. Only three states have legalized assisted suicide and only Oregon permits physician-assisted suicide. Thirty-five states, including Colorado, have statutes criminalizing assisted suicide and nine states criminalize assisted suicide through common law (Assisted suicide laws). In addition to active and passive euthanasia there are three other categories of euthanasia: voluntary, nonvoluntary, and involuntary. Voluntary, there is written or spoken consent from the patient; nonvoluntary, the patient can not voice his or her opinion because of unconsciousness or comatose; and involuntary, which goes against the wishes of the patient, and constitutes murder (Schofield, 26). Assisted suicide and euthanasia, in any form, are murder.
Fisch, Harmanpreet Kaur drank alcohol and did cocaine. She then went to Mrs. Fisch’s address,
Always remember that the Death With Dignity Act is a choice to end suffer, never a forced death, and as Thomas Jefferson once said- Everyone has “certain unalienable rights, and among these are life, liberty, and the pursuit of happiness.”
In the pleadings, a complaint needs to be filed by the plaintiff with the court and the defendants. In this case, the complaint was filed for wrongful death and injunctions. The complaint was given to both companies on May 14, 1982. Then, the defendants must answer within twenty-four hours of receiving the complaint to the summon or risk losing the case by default of the court. W.R. Grace denied the allegations against them. Also, their other defenses was that the complaint didn’t state any cause of action, in the complaint the company named was misnamed, the company followed the due of care at all times and acted in “good faith,” and the claims against them are barred. The next step is the methods of discovery.
The right to die movement entered the United States in 1980, when a man helped his dying wife ends her life. This man then found the Hemlock Society - an organization that would help terminally ill patients die in peace, and advocated for laws supporting physician assisted suicide. After this event, the movement took charge, finding itself being argued in court numerous times. Debates went on as more and more doctors were being charged with murder as they accommodated their suffering patient’s wishes to die with the method of euthanization - a painless killing of a patient suffering from an incurable or painful disease. States began to propose legislation giving these terminally ill patients to be able to choose to die - and although many states rejected it at first, the matter still never left the courthouse. In 1994 the state of Oregon passed the “Death with Dignity Act” allowing “terminally ill adults likely to die within six months to obtain a prescription for lethal medicine from a doctor” - serving as a milestone in the right to die movement. In 2008 Washington becomes the second state to permit physician assisted suicide, and the year after Montana’s Supreme Court ruled that “doctors [couldn’t] be prosecuted for helping to hasten the death of terminally ill patients” (“1980”).
On April 15, 1975, the Quinlan family received a tragic phone call at approximately 2am; their daughter, Karen Ann, was in a coma. Earlier that evening, Quinlan was at a party and consumed drugs and alcohol. She became unconscious and eventually fell into an irreversible coma. She was conditioned to be in a persistent vegetative state. Since she was unable to recover from her coma, Quinlan’s parents requested her life support to be withheld. The removal of life support was more complicated than what the Quinlan family imagined it to be. They had to take the case to court to have the request approved. The first round in Superior court, the Quinlans lost. Eventually, the family took the case to the New Jersey Supreme Court. The court ruled that Quinlan’s father is appointed as her guardian and can make any decision regarding her care. It took the family over a year to have the approval to remove their daughter from life support; it took five days for Karen Ann Quinlan to be weaned off her respirator. Miraculously, she was able to breathe on her own for the next nine years until she died of pneumonia. This case led to the creation of the “living will” and required medical institutions to allow patients to live their last stage in life with dignity and respect (Karen Ann Quinlan Hospice
The criminal offence of murder, while in better shape than many other offences, is still in need of updating and some reasonably minor adjustments, most notably in the areas of intent, self-defence, and the mandatory life sentence it imposes. It is unanimously agreed that the laws on murder need codifying.
Since homicide is a crime in which a life has been ended, it is highly important the investigation surrounding a homicide be taken seriously and be completed effectively. That is, it is critical for the investigator(s), and other branches of the investigation, to be highly trained in preserving a crime scene, as well as interpreting the evidence left at a crime scene, or surrounding the investigation. There are various techniques available to aid in the examination of a homicide crime scene, but none more importantly than what could be told be the body.
The term autopsy also referred to as “Post-mortem examination”, “necropsy”, “obduction” and “ autopsia cadaverum” originates from the Latin language and denotes to “open, cut/dissect”. Another origin is from two Greek terms “aut” (self) and “opsie” (to see, to conduct a personal inspection) hence, autopsy refers to the opening/dissection of a cadaver to see for oneself, through observation, the cause of death or the nature of disease contrary to what has been reported by another party. Autopsy practice has been in existence since over 3000 years ago. It was however, not until the Renaissance in Europe that autopsy became standard practice (1,2). The link between clinical syndromes and postmortem findings is credited to the Dutch physician Herman Boerhaave (3).