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Date: 10-11-2024
Case Style:
Elaine Rae Meyer v. DNM Transport, LLC, et al.
Case Number: 7:23-cv-05482
Judge: Timothy M. Cain
Court: United States District Court for the District of South Carolina (Spartanburg County)
Plaintiff's Attorney:
Defendant's Attorney: Adam Miles Crain and Maqrk Steven Barrow
Description:
Spartanburg, South Carolina personal injury truck wreck wrongful death lawyer represented the Plaintiff.
South Carolina law defines wrongful death as when someone's death is caused by another person's negligence, carelessness, or wrongful act. The at-fault party can be a person, business, or organization.
Here are some key points about wrongful death law in South Carolina:
Who can file a lawsuit
The personal representative or administrator of the deceased's estate is the only person who can file a wrongful death lawsuit. This person is usually named in the deceased's will, or appointed by the court.
Who receives compensation
If the lawsuit is successful, the compensation goes to the deceased's immediate family members, such as their spouse, children, or parents. If none of these relatives are alive, the deceased's heirs can receive compensation.
Time limit
The statute of limitations for wrongful death claims in South Carolina is three years from the date of death.
Damages
South Carolina does not cap economic damages, such as compensation for medical expenses, lost income, and benefits. However, there are caps on punitive damages and non-economic damages.
Medical malpractice
A family may be able to pursue a wrongful death lawsuit if a patient dies due to medical malpractice, such as medication errors, misdiagnosis, or surgical error.
Winning a wrongful death claim
To win, the plaintiff must prove that the defendant's actions caused the death and that they suffered as a result.
Outcome: Settled for an undisclosed sum and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: