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.
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