If my niece was killed in a car wreck and my brother and his ex-wife are talking to a lawyer, can the grandparents be present?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my niece was killed in a car wreck and my brother and his ex-wife are talking to a lawyer, can the grandparents be present?

Asked on December 28, 2013 under Personal Injury, South Carolina

Answers:

Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

In South Carolina, as in Arizona, only the immediate family members have a right to bring a claim for wrongful death.  In Arizona, that means the spouse, parents and children of the deceased.  In South Carolina, that also means the siblings, but not the grandparents.  Since the grandparents do not have standing to bring a claim for wrongful death, they do not have a right to be there, and by allowing them to be there, the parents of the girl would be waiving their right to attorney-client confidentiality.  Therefore, although the parents could bring the grandparents to the meeting, the lawyer should and likely will advise against having them in the room.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption