What Are the Chances of Winning a Wrongful Death Suit?

The chances of winning a wrongful death suit depend on several factors. These include the strength of the evidence, how clear the liability is, and the skill of your legal representation. There are also legal hurdles that must be overcome to win at all, like filing your case before the statute of limitations for wrongful death. 

Wrongful death claims are not like other personal injury cases, so speak with our Charleston wrongful death lawyers about how to proceed with your case. Our compassionate legal team will fight to get your family the financial compensation it deserves after you’ve lost a loved one.

Necessary Conditions to Win a Wrongful Death Claim in South Carolina

A valid wrongful death claim requires proving that someone‘s negligent, reckless, or intentional actions directly caused your loved one’s death. In South Carolina, the personal representative of the deceased person’s estate must be the one to file the claim, even if you may qualify for damages.

Family members who can receive compensation include the spouse and children, followed by parents if there is no spouse or children. Other family members may be eligible depending on their relationship and dependency on the deceased.

To have a chance of winning your wrongful death claim, the claim must demonstrate four key elements of negligence: duty of care (the defendant had an obligation to act safely), breach of duty (they failed in this obligation), causation (this failure led to the death), and damages (financial and emotional losses resulted).

Establishing Duty of Care

In South Carolina law, the duty of care varies by situation. The exact duty of care will depend on the circumstances of your loved one’s death. Drivers owe other motorists a duty to operate their vehicles safely. Property owners must maintain safe premises for visitors. Manufacturers must ensure their products are safe for consumers.

Companies owe their employees a duty to provide safe working conditions. This includes proper training, safety equipment, and following OSHA regulations. Healthcare providers must meet established medical standards when treating patients. 

Proving Breach of Duty

A breach occurs when someone fails to meet their obligations. Examples include a driver running a red light, a store failing to clean up a known hazard, or a manufacturer selling defective products despite knowing the risks.

To prove a breach, lawyers gather evidence like surveillance footage, maintenance records, or internal company documents to show how the responsible party failed to meet their duty. Expert testimony often helps establish what reasonable care should have looked like in the situation.

Demonstrating Causation

Causation means showing a direct link between the breach of duty and your loved one’s death. We must prove the death wouldn’t have occurred if the defendant had met their duty of care.

This can be challenging if multiple factors contribute to the death. Our team can work with medical experts and accident reconstructionists to establish clear chains of events leading to the fatal outcome.

Documenting Damages

South Carolina law allows families to seek various types of damages after a wrongful death claim. These include funeral expenses, medical bills before death, lost future income, loss of companionship, and emotional suffering of surviving family members.

You would not have a case if there were no damages at all. However, in a wrongful death situation, there are clear damages. The challenge is ensuring all of them are accounted for when making your claim.

Other Factors That Affect Your Case’s Success

Timely filing within South Carolina’s three-year statute of limitations is crucial. Gathering evidence becomes more challenging as time passes, so starting your case promptly increases your chances of success of winning your wrongful death suit. If you file beyond this time limit, you will be barred from getting any compensation.

You also need competent legal representation to build and present your case to the insurers or the court. The insurers may try to get you to settle quickly after you’ve lost a loved one to an accident or deny that they owe you any money at all. 

Either route will result in less compensation than you deserve, but a lawyer will work to make your compensation fair. Our testimonials show our record of success in getting clients the results they desire from their personal injury claims.

Comparative Negligence Can Lower Your Chances

South Carolina’s comparative negligence law can complicate wrongful death cases. If insurance companies can prove your loved one was partially responsible, it could reduce or eliminate your compensation. Your chances of winning a wrongful death suit drop to zero if the deceased’s negligence in the accident is greater than the defendant’s.

If your loved one did share some measure of fault in the accident, the final compensation will be reduced by that amount of fault. This is measured as a percentage of fault. So if they were found to be 20% at fault, you would lose 20% of the compensation awarded.

Critical Steps to Raise Your Chances of Winning

Start a detailed diary documenting conversations about the death, including dates, times, and who was present. Keep all correspondence from insurance companies, employers, and healthcare providers. This creates a clear timeline we can use to support your claim.

Designate one family member as the point of contact for all case-related matters. This will help prevent contradictory statements and ensure important information isn’t missed. We’ll guide this person through their responsibilities while protecting your family’s rights.

Improve Your Chances of Winning a Wrongful Death Suit by Hiring a Lawyer

While the chances of winning a wrongful death suit depend on many factors, The Thumbs Up Guys have helped numerous South Carolina families secure the compensation they deserve after a wrongful death, as our results show. Let us handle the legal battle while you focus on your family. Contact us today for a free consultation.