Bland Richter, LLP has extensive experience in the prosecution of personal injury claims, including those involving catastrophic injury or death. We have handled a wide range of cases involving permanent injury, loss of limbs and, unfortunately, death.
It is imperative in these types of serious injury cases that the full scope and extent of the injury be defined and appreciated. The law only allows recovery one time, yet the true scope of one’s injuries, disabilities or future medical needs may be unknown or uncertain. In handling these types of claims, we believe that it is irresponsible to rush to settlement and believe instead that the more prudent practice is to work constructively with technical experts and medical providers until such time as the full scope of the injuries are either known or are reasonably predictable. It is only at this time that one may reasonably determine what full compensation means for the injuries suffered and make a well-reasoned and intelligent demand based on the nature and scope of the injuries and the future medical needs, limitations or disabilities.
In South Carolina, two separate claims are recognized which are associated with death resulting from the negligent conduct of others. These claims are known as survival claims and wrongful death claims. A survival claim seeks recovery for the conscious pain and suffering experienced by the deceased between the time of the injury and the time of his or her ultimate demise. In evaluating, presenting and prosecuting these claims, it is not enough to know merely the time of the injury and the time of death. Rather, it is imperative that an appreciation of what transpired in the interim be developed, so that the experience of the deceased can be accurately reported to insurers, judges and juries. Wrongful death, on the other hand, seeks compensation for the grief, sorrow, loss of companionship and loss of financial support suffered by the heirs of a deceased loved one. Again, there is no substitute for developing fully all losses associated with the tragic loss of a member of the family. These cases are always and understandably emotionally charged and sensitive.
At Bland Richter, we strive to be sensitive and responsive to the special needs of those suffering through the loss of a loved one, while at the same time aggressively pursuing every avenue of possible recovery.