Legal Question in Legal Ethics in South Carolina
South Carolina State Office of Victim Assistance
My son was killed last year by someone he thought was a friend. Our victim advocate filed a claim for burial expenses to the South Carolina State Office of Victim Assistance. They only paid 25% of the claim of $4000.00 because the boy was claiming self defense at that time. He has since pleaded guilty to voluntary manslaughter. Shouldn't the SOVA pay the remaining $3000.00 now that he has pleaded guilty? The trial Judge accepted the plea after questioning the defendant about self defense and defense of others and came to the decision that he was indeed guilty.
1 Answer from Attorneys
Re: South Carolina State Office of Victim Assistance
One question is whether there is a re-evaluation process, and SOVA can tell you that. Certainly, it makes sense that they would re-evaluate it. Try that first because their excellent website strongly implies a restorative justice framework and that framework does not rest until the victims are fully heard.
Second, ask whether you can file a wrongful death action notwithstanding the victim's compensation fund.
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