QUESTION
can I sue the company or home owners insurance
Asked on Mar 28th, 2014 on Wrongful Death - South Carolina
More details to this question:
My dad died Aug 28, 2012. He died while at work. He worked for a tree removal service. He was cutting down a down a tree on someone's property. When the tree came crashing down, so did he. He died on that person's property from internal bleeding from his ribs breaking and puncturing his lungs and heart. The guy he was working for say that my dad was not on his payroll and was paying under the table at that time but he did have him on payroll months before the accident. Can I sue the tree company for wrongful death or job related death or just the home owners insurance or both?
1 ANSWER
3 Awards
Thank you for your post, and I am very sorry to hear about the unfortunate death of your father. You may have several ways to recover in a wrongful death action against the homeowner and the tree removal service. Just because he was paid "under the table" does not mean that your father was not his employee under the law. In order for me to give you the best advice, I would need to talk with you to discuss some of the details. It's very difficult to give correct legal advice over an internet post. Also, I would not recommend that you post any additional information on the internet, because it may be discoverable to the insurance company if you have to file a lawsuit. I would be happy to talk with you confidentially and free of charge to answer any questions that you may have. Because you have a limited time to seek recovery based on the statute of limitation, I would not delay speaking with an attorney. I look forward to speaking with you.
Robert F. Goings, Attorney
Goings Law Firm, LLC
rgoings@goingslawfirm.com
(803) 350-9230
www.goingslawfirm.com
Answered on Mar 29th, 2014 at 3:28 PM