Share your airplane anxiety with anyone and you will inevitably get the “but flying is the safest way to travel!” response. While flying remains among the safest ways to travel, the recent Malaysia airlines crashes have only raised fears in already weary airplane travellers. Even closer to home, a Mount Pleasant based private plane recently crashed, killing the two occupants—a not-so-subtle reminder that the dangers of flying still exist.

Twenty-year-old flight student Matthew Gaither was piloting a Cessna 150 when it went down immediatelyafter take off. Both he and his flight instructor, Graham Borland, died upon impact. Gaither, a Navy Seal hopeful, had just begun pilot training a week prior to the accident, and was likely the one operating the plane at the time of the crash. The National Transportation Safety Board began its investigation last week, but no cause of the accident has been reported to media outlets. As of today, no charges have been filed by either Gaither or Borland regarding the crash.

Aviation Accidents

Due to the speed, velocity, and height when airborne, aviation accidents are among the most devastating of all catastrophic events. Filed usually as catastrophic injury or wrongful death claims, aviation lawsuits are complex, time-consuming, and require significant expertise both in the area of aviation and in complex litigation. In the event of a death, it is usually the decedent’s estate that brings the legal claim. The estate can seek damages for the wrongful death action and ultimately recover for things such as pain and suffering, funeral expenses, medical expenses, loss of earning capacity, or emotional distress.

If awarded, these fees are paid out by the responsible parties. In an aviation lawsuit, the possible causes of an accident are numerous and may be attributed to any number of separate parties. In addition to the people responsible for flying the plane, other actors include:

• Air traffic controllers at the airport and other airport staff;
• The airplane company or manufacturer;
• Parts manufacturers or mechanics;
• Charter companies; and
• Private plane owners.

The ultimate determination of what happened in an aviation accident can take years, and blame can be difficult to place. Therefore, settlements are common in this area of the law.

South Carolina Aviation

The August 14, 2014 plane crash was not the first in South Carolina this year. Three people died in March, two in May, and there was a non-fatal crash in April, all in small, private planes. Worldwide, 2014 has not been a good year for those travelling by airplane. In the first two months of 2014 alone, nearly 400 people died in plane crashes, compared to less than 500 in all of year 2013 combined. While this may seem like an astronomical number to those of us that already fear flying, according to a 2013 New York Times article, flying is still the way to go. With your chances of dying in a plane crash around 1 in 11 million in comparison to the odds of dying in a car crash around 1 in 5,000, flying (especially on commercial airlines) really does remain the safest way to travel.

Next Steps

Deciding to bring a legal claim after an aviation accident can be complicated, time-consuming, and overwhelming. If you or anyone you know has been injured in an aviation accident or any other catastrophic accident, you need experienced attorneys that can help guide you through the process. Contact the knowledgeable catastrophic injury attorneys at the McGrath Law Firm that will wholly dedicate themselves to your case. Serving Columbia, South Carolina and neighboring communities, we are here to give you and your families the representation you deserve.

Well intentioned people are often the victims of bad situations. We have laws in place in this state that are designed to punish the guilty, protect the innocent, and assure the public that our system of justice is both truthful and balanced. But for the accused, the scales of justice often appear out of whack and totally one sided, especially if they thought they were doing the right thing.

Seemingly Minor Decisions Can Have Unexpected Consequences

On July 1, 2014 a North Augusta mother decided to let her 9-year-old daughter spend a day at a neighborhood park, unattended, while she worked her daily shift at a nearby fast food chain. The mother decided that since the weather had been so nice, it was better for the young girl to spend the day playing outside instead of cooped up in a burger joint or stuck indoors at home for over 7 to 8 hours. As you can imagine, the mother could not afford to pay for any day care for her child while she was at work and apparently did not have anyone available to watch the little girl during the day.

The mother, doing what she thought was best and with few other options available, decided to let her child hang out at the park for the day. The child apparently had a cell phone on her in case of emergency and enough pocket change to be able to get something to eat when she got hungry. This arrangement worked out fine for the first couple of days, as the mother would return to the park after work and collect her child without incident. But on the third day, a concerned citizen who had seen the girl playing in the park earlier in the day finally approached her, asked where her mother was, and consequently called the authorities once the truth came to light.

Aftermath

The mother was called away from work and arrived at the station. Apparently not realizing the gravity of the situation, she confessed to leaving her child in the park on more than one occasion. Subsequently she was taken into custody by the North Augusta Public Safety Department and booked on a charge of unlawful conduct toward a child. This law falls under South Carolina Children’s Code, Chapter 5, Article 1. This is a felony crime and convictions can carry substantial fines and jail sentences of up to 10 years per count.

Currently the mother is still in jail and her case has been presented before the 2^nd judicial circuit solicitor’s office for processing and eventual adjudication. The little girl has been turned over to the Department of Social Services pending the outcome of her mother’s case and subsequent investigation.

As a result, a family has been put into turmoil and its future is hanging in the balance, all because of a single decision that was made during a difficult time and with the very best of intentions.

Contact a South Carolina Attorney

If you ever find yourself in a similar situation with the weight of the world on your shoulders, your back against the wall, and the cops, state attorneys, and their investigators all lined up against you, you will need someone trustworthy who is willing to stand in your corner with confidence, competence, and knowledge of the law.

At the McGrath Law Firm, P.A., we have a team of attorneys who have successfully defended individuals facing criminal prosecution for drug offenses, juvenile charges, and DUI. Let us guide you through the entire process and put our knowledge, skills, and experience to work in helping ensure you receive a fair trial and raise a vigorous defense. Contact us today at 843-606-2755 so we can get started on your case right away.

Whenever a child is born, there is no question as to whom the mother of the child is.  However, determining who the father may not be as easy. For married couples, a husband is presumed to be the father of the child. A problem arises when the father of the child does not immediately come forward to take responsibility or, possibly, when a birth mother doesn’t want him to.

The Importance of Establishing Paternity

In South Carolina, the establishment of paternity can bring about many benefits to both the father of the child and the birth mother. Once paternity is established, the father is afforded rights to participate in the raising of the child. These include rights to custody or visitation and legal decision-making. In addition to the rights of parentage, the birth mother can ensure that the father of the child is paying his fair share of the child’s costs. Further, the establishment of paternity can help ease the burden on a mother and can also encourage the sharing of parenting experiences.

Other very important reasons to establish paternity are the ability for the child to know and have a relationship with their father, access to the father’s medical history as well as the ability of the child to have access to Social Security or other government benefits in the event something were to happen to the father.

How is Paternity Established in South Carolina?

There are three ways to establish paternity among unmarried parents in South Carolina. First, a father that is present at the hospital can complete a Voluntary Paternity Acknowledgement. This form does not require any type of DNA testing. It is simply the acknowledgement of the man signing the form as the father.

Second, the parents of a child may go to the State Office of Vital Records or the Vital Records Office in their county and complete a Voluntary Paternity Acknowledgement. Essentially the same type of form that is available at the hospital, this is filled out after the child is born and does not require any DNA testing to prove conclusively that the child actually belongs to the purported father.

Lastly, a court or administrative order that is rendered can establish paternity. Such an order generally follows a low-cost DNA test that is either requested by the parties or ordered by the court to establish paternity.

A Few Words of Warning

The process of a man acknowledging that he is the father can seem simple, and for the most part it is. But the steps to acknowledge paternity without a DNA test or other testing should only be used when both of the parties are absolutely sure that the man filling out the acknowledgement form is actually the father. Once the form is filled out and processed by the state, all of the rights and responsibilities become effective and an error as to the real identity of the father can be a mess to sort out.

If you are a mother or a father that is attempting to establish paternity, the experienced family law attorneys at the McGrath Law Firm can assist you on your journey. It is not always clear how to proceed and a misstep can lead you to problems that you could easily avoid with the advice of our experienced South Carolina family law lawyers. Contact us today at 843-606-2755 or online for help.