How Do I Prove Wrongful Death in South Carolina?

To prove wrongful death in South Carolina, you must prove that the deceased would have had a valid personal injury lawsuit against whoever killed them had they survived. A wrongful death occurs when someone dies due to another party’s negligent, reckless, or intentional actions.

In other words, the survivors must prove that the responsible party committed negligence that led to the death of their loved one. A Charleston wrongful death lawyer can help grieving families prove they have a valid case against the responsible people and maximize their compensation.

What Factors Do I Need to Prove Wrongful Death in South Carolina?

To prove negligence in a wrongful death claim, our lawyers need evidence showing the four key elements of negligence: duty of care, breach of duty, causation, and damages. Without all four, you do not have a case. Here are the factors in detail.

Duty of Care

A duty of care exists when someone has a legal obligation to act reasonably to prevent harm to others. The specific duty depends on the relationship between the parties. 

For example, drivers have a duty to follow traffic laws and operate their vehicles safely. Property owners have a duty to maintain safe premises, and employers have a duty to provide a safe workplace. 

Identifying the right responsible parties is an important part of your claim. Suing someone who had no duty of care toward your loved one will end your claim against that party.

Breach of Duty

A breach occurs when someone fails to fulfill their duty of care. This could mean running a red light, failing to fix a dangerous condition, or not following safety protocols.

We must show evidence that the defendant’s actions fell below the standard of care that a reasonable person would have provided in the same situation.

Causation

Causation means proving that the defendant’s breach of duty directly led to your loved one’s death. We must show that the death wouldn’t have occurred if the defendant had fulfilled their duty of care.

Proving causation will depend on the facts of the case. This is often one of the most challenging elements to prove. Expert testimony may be required to establish the connection between the breach and the fatal outcome.

Damages

Finally, we must prove the specific losses suffered due to your loved one’s death, both by your loved one and by the survivors. This includes economic damages like medical bills and lost wages, and non-economic damages like loss of companionship.

We carefully document all damages to ensure you receive full compensation for your losses. This may involve working with economic experts to calculate future financial impacts. There are also limits on which damages apply to wrongful death claims.

What Evidence Can Help Prove These Factors?

Different types of evidence help establish each element of negligence in a wrongful death claim. Here’s what we typically gather to prove wrongful death in South Carolina.

Evidence of Duty

Proving duty often requires documentation of relationships and responsibilities. This might include employment contracts, property deeds, or driver’s licenses that establish legal obligations.

Professional standards documents, industry regulations, and safety codes can help define the expected standard of care in specific situations.

Evidence of Breach

Accident reports from police or workplace safety investigators often provide crucial details about how the defendant failed to meet their duty of care.

Surveillance footage, photographs of the accident scene, and physical evidence can demonstrate exactly what happened and how the defendant’s actions fell short.

Witness statements from people who saw the incident or knew about dangerous conditions can provide valuable testimony about the defendant’s conduct.

Evidence of Causation

Medical records and autopsy reports are essential for establishing the link between the defendant’s actions and your loved one’s death.

Expert witnesses, including medical professionals and accident reconstruction specialists, can explain how the breach of duty directly led to the fatal outcome.

Timeline documentation, including communications, maintenance records, or security logs, can show how events unfolded and connect the defendant’s actions to the death.

Evidence of Damages

Financial documentation is crucial for proving economic damages. This includes medical bills, funeral expenses, and employment records showing lost income.

Tax returns, pay stubs, and benefit statements help calculate the deceased’s lifetime earning potential and the financial impact on surviving family members.

Personal records, such as photographs, videos, and testimonials from family and friends, can demonstrate the emotional impact and loss of companionship.

Can I Still File a Wrongful Death Claim if My Loved One Was Partially at Fault?

Yes, you can still pursue a wrongful death claim in South Carolina even if your loved one shared responsibility for the accident. South Carolina follows the modified comparative negligence rule under Section 15-38-15, which allows recovery as long as your loved one was 50% or less at fault.

If your loved one was partially responsible, any compensation would be reduced by their percentage of fault. For example, if they were 30% at fault, you could still recover 70% of the total damages.

However, if your loved one is found to be 51% or more at fault, South Carolina law prohibits any recovery. This makes it crucial to have strong legal representation to ensure fault is properly determined.

Get Help With Your Wrongful Death Case

You do not have to prove your wrongful death claim in South Carolina yourself. Instead, hire a wrongful death lawyer to handle your case for you. The money you get from a successful claim can cushion the unexpected financial blow of losing a loved one.

The Thumbs Up Guys at Miller, Dawson, Sigal & Ward are here to help you seek justice for your loved one. Contact our personal injury lawyers in Charleston today for a free case review.