When people are working around heavy machinery, or in any other industrial setting, there is always the possibility of tragic accidents. If this does happen, it is important to know where to go to get legal help. When someone dies in one of these kinds of accidents, there are a certain set of rules that will apply to a personal injury lawsuit.
A fatal accident in North Charleston, South Carolina involved a paper mill worker who was killed during his shift and one other man was hurt at the same time.
Paper mill employee dies while doing maintenance work
The incident happened at the Kapstone Paper and Packaging Corp. in North Charleston on a Sunday night. Employees began to work in a maintenance area that had been taken offline for repairs. The specifics of exactly how the employee was hurt at this time were not released.
The North Charleston EMS, Fire Department, and Police all responded to the scene to assist with treatment. They went to the building’s location on Virginia Ave at around 10 pm.
The Charleston County Coroner confirmed that a 60 year old male victim from Moncks Corner died during the accident. Another employee was hurt with non-life threatening injuries. He was released after a brief hospital stay. No specifics about the death or other injuries were reported, but there was an investigation pending. Kapstone did issue a statement that they will not be releasing any further details about the accident or the names of the workers involved. They said that they were first and foremost concerned with the privacy and safety of employees and their families, so they declined to comment or release any names.
The parent company that owns the mill was based out of Northbrook, Illinois.
South Carolina’s OSHA was notified of the incident, and they were working with the local coroner and fire department to gather more details.
Payments for injured workers and their families
As a general rule, civil lawsuits will pay a victim for all of their medical expenses, property damage, and other kinds of losses that can be tied to the accident. If the injuries are severe and require long term medical treatment, the plaintiff will generally be paid more to help offset these significant costs.
If someone is hurt while working, as in this situation, there may also be workers compensation available for the worker or their family to cover their lost wages. These compensation claims are normally paid out as long as it is proven that the victim was actually working and performing their normal job duties when an accident happened. The damages are usually limited to the amount of money the worker would have earned if they were not hurt and worked as normal.
Lawsuits related to deadly accidents in South Carolina
When someone is killed in an accident, the calculation of damages and losses is slightly different. This is because a wrongful death action is the correct type of lawsuit in this situation under South Carolina law. This can be brought whether or not the person responsible for the victim’s death is facing criminal charges or not.
South Carolina’s wrongful death statute has some specific rules. The action must be brought within three years of the day that the victim died. This is a shorter timeframe than many other lawsuits, so it is important to get the process started with a lawyer’s help as soon as possible. Once three years have passed, the family will not be able to bring the case at all.
There are a few different types of damages available. These include costs for burying and providing funeral services for the victim. The hospital and medical bills that were associated with the person’s fatal injury can also be listed in the pleadings as a portion of damages. If any of their personal or real property was destroyed, this can be calculated with damages as well. The victim’s skills related to their job trade or other services they provided can be considered. The emotional pain and suffering of the surviving family members may also be an important aspect of damages after severe accidents, even though this is not easy to quantify.
Wrongful death cases can be slightly more complex than other civil lawsuits because only certain family members, such as a spouse, child, or parent, can bring the action. To get more specific information about how you should respond to an accident that involves the death of a family member, it is best to speak with a licensed legal professional in your state.
Get help from a local accident attorney
If you want to learn more about getting representation in a personal injury case in the Charleston area, contact The Clekis Law Firm. They can provide specific information about your lawsuit after a brief meeting.
