What is the procedure for filing an asbestos-related wrongful death claim?
In the state of South Carolina, filing an asbestos-related wrongful death claim begins with notifying the responsible party of the claim. The individual responsible for filing the claim must provide written notice of the claim within three years of the incident, or within three years of the deceased’s death as a result of the exposure. The notice must be delivered to the person, firm, or office that is responsible for the wrongful death. In addition to providing notice, the individual responsible for filing the claim must then file a civil action in either a state or federal court. This must be done within two years of providing written notice of the claim and must state the facts upon which the action is based. It must also include the amount of damages sought and the party to whom the damages are to be paid. The court where the action is filed will then decide upon the merits of the case. This includes determining whether the responsible party is liable for the wrongful death and the amount of damages that should be awarded. Once the damages are determined, the court will order the responsible party to pay the designated amount to the person or persons who filed the suit. Finally, the responsible party is obligated to pay the damages that were decided upon in the lawsuit. If there is a dispute regarding the payment of the damages, the court will determine the resolution of the dispute. In summary, the process for filing an asbestos-related wrongful death claim in the state of South Carolina involves providing written notice, initiating a civil action in either a state or federal court, and finally, the party responsible for the claim must pay the damages that were determined by the court.
Related FAQs
What kind of proof do I need to present in an asbestos-related lawsuit?Can the spouse of a victim of asbestos-related illness receive compensation?
What is the average cost of an asbestos-related lawsuit?
What type of personal injury can I file a claim for as a result of asbestos exposure?
What are the various types of asbestos diseases?
How do I find an experienced asbestos lawyer?
Are there any other legal remedies available for victims of asbestos-related diseases?
What kind of medical treatment is available for victims of asbestos-related illnesses?
What kind of damages can victims of asbestos-related illness receive?
How do I know if I have an asbestos-related illness?
Related Blog Posts
What You Need to Know About Asbestos Litigation Law - July 31, 2023The Current State of Asbestos Litigation Law - August 7, 2023
Pros and Cons of Asbestos Litigation Lawsuits - August 14, 2023
Understanding Legal Rights in an Asbestos Litigation Lawsuit - August 21, 2023
Important Steps to Take Before Filing an Asbestos Litigation Lawsuit - August 28, 2023