In this brief video, a South Carolina injury lawyer reveals the basics of a required court proceeding before you can finally end an accidental death case in South Carolina. As with any hearing, it's not easy unless you already know what you're doing- yet another reason grieving families should hire an experienced injury attorney to handle the hassles and unforgiving pitfalls of the legal system and insurnace companies.
To prevent insurance companies from taking advantage of grieving family members south carolina law requires court approval of all settlements involving a death. That means a judge approves the settlement usually at a hearing. The best way to protect your family's rights and give you peace of mind in an awful time is hire an experienced lawyer to represent you through the hearing. These are the basics of the settlement approval process when the case settles before trial. First, the case has to be brought by the proper person. Settlements can only be approved if requested by the estate representative appointed by probate court order. Second you've got to have your paperwork in order. It requires a sworn petition with specific information, like the basis for the settlement and the amount of insurance available to pay it. A good lawyer can find out the amount of insurance early in the case and give you the satisfaction of knowing he's doing all he can to get all of it, which can provide much-needed financial stability when a wage earner is lost forever. Third you've got to expect a formal hearing before the judge. The judge needs evidence about the settlement and the situation that created it before he will approve it. If you don't have your ducks in a row by then, you risk rejection of the settlement. Finally the settlement is approved in a court order the court order contains specific information about the basis of the settlement and justifying the amount of it. It also includes directions for payment to certain beneficiaries and certain creditors like health insurance and medical providers. If your family's got a legal case based on a fatality you're already overwhelmed. Hire us to lighten your load, get you through the settlement process and assure your rights are protected to the maximum possible recovery. If you're watching this I'm sorry we have to think about this together but I hope I see you soon.