Legal Question in Criminal Law in South Carolina

Re: wrongful death

It sounds as if you would be entitled to seek workers' compensation benefits under South Carolina law. This may be true even if benefits have already been recovered in another state. The statute of limitations is 2 years and will expire in August 2003. A typical recovery for a death claim would be $100,000+. I recommend you pursue this immediately.

The statute of limitations on a negligence claim arising from the plane crash would be 3 years in South Carolina from the date of the accident. Whether a claim exists would depend significantly on who owned and maintained the aircraft. If it was your family member's employer, then they may have immunity under state workers' compensation law. Otherwise, a claim likely exists, but efforts need to be taken to preserve the evidence, i.e. wrecked plane, maintenance records, etc.

Please give us a call if we can help your family with this matter.

Al Martin

(864) 232-4400

Fax (864) 235-4399

[email protected]

www.cwrtlaw.com

Re: wrongful death

No it is not, but it is important that you persue this immediately. There is always the possibility of a workers compenastion claim. However, the state laws severly limit the possible recovery on a workers compensation claim. The strogest claim would be a negligence suit. In cases like this this, there is often more than one defendant that you can bring suit against, depending on the facts and evidence. Following an investigation, we would consider the owner of the plane, any independent service company, the plane's manufacturer, etc. Often when it is possible that more than one defendant has responsibility, we sue everyone and sort out the various defendants through the litigation process. As far as investigating, the FFA has already done that. I lot can be uncovered by obtaining copies of their findings and reports throught he Freedom of Information Act. You must also understand that you can always file both a workers compensation claim and a negligence claim for wrongful death at the same time. Lastly, you stated that the plane had a history of problems. This brings in the possibility of not only compensatory damages, but punitive damages as well, since it is now possible that the cliam would rise from common negligence to gross negilgence. What ever decision you make, I suggest you make it immediately due to the age of this case. Please call and I can answer any other questions you may have. Robert J. Johnston. Office 843-828-1137

Toll Free 888-789-8100

Cell 843-283-9639