How Do You Prove Wrongful Death?

Was your loved one killed in an accident/incident caused by another party’s negligence? You have the right to hold them accountable through a civil wrongful death claim. These can be complicated cases. You may be wondering: How do you prove wrongful death? In South Carolina, you must present evidence that establishes that the defendant’s negligence or other wrongful conduct was a proximate cause of the fatal accident. Here, our Charleston wrongful death attorney provides a guide to proving wrongful death liability in South Carolina.

Background: Wrongful Death Laws in South Carolina

If your loved one was killed in an accident in Charleston, any wrongful death claim will be governed by state law. The key wrongful death statute is: South Carolina Code Section 15-51-20. The law provides a cause of action when a person’s death is caused by the “wrongful act, neglect, or default” of another, and the decedent could have maintained a personal injury action had they survived. The claim is brought by the personal representative of the decedent’s estate for the benefit of statutory beneficiaries. Most often, the beneficiaries are the spouse, children, or parents.

To be clear, a wrongful death claim is a civil cause of action. It is independent of any criminal case arising from the same incident. For example, if a drunk driver kills your loved one in a crash, he or she can be prosecuted and face a civil wrongful death claim. Beyond that, a defendant may be held civilly liable even if no criminal charges are filed or no conviction occurs. South Carolina applies fault-based principles. The plaintiff must prove negligence or other wrongful conduct and show that it was a proximate cause of death.

How to Prove Wrongful Death: Know the Elements of a Wrongful Death Claim

How do you prove a wrongful death in South Carolina? While the answer depends partially on the specific circumstances of the fatal accident, there are legal elements that must be established in order to prove the defendant’s fault. Here is an overview of the central legal elements of a wrongful death lawsuit in South Carolina:

• Duty of Care: To start, the plaintiff must show that the defendant owed a legal duty to the decedent. Duties arise from law, relationships, or circumstances. For example, drivers owe a duty to operate vehicles safely. As another example, businesses and property owners owe duties to lawful visitors.
• Breach of Duty: The plaintiff must prove that the defendant breached the duty of care through negligent acts or omissions. This may include violating safety statutes, failing to follow industry standards, ignoring known risks, or engaging in unreasonable conduct. Every fatal accident should be thoroughly investigated by a wrongful death lawyer.
• Causation: Causation is often a contested element. The plaintiff must establish both actual cause and proximate cause. Actual cause requires proof that the defendant’s conduct directly contributed to the fatal injury. Proximate cause requires proof that the death was a foreseeable result of the conduct. Without causation, there is no liability.
• Damages: Damages also need to be established as part of a wrongful death claim. While the fact of damages may seem obvious, they still need to be fully proven in order for a grieving family to get justice in South Carolina. If you have questions about damages, an experienced Charleston, SC wrongful death attorney can help.

Finally, it is important to note that statutory standing is also required to pursue a wrongful death claim in South Carolina. Only the personal representative of the estate may bring a wrongful death action. The claim is pursued on behalf of statutory beneficiaries. The failure to properly appoint a personal representative or to bring the claim in the correct capacity can result in dismissal. You do not want your family to miss out on justice because of any type of legal technicality.

Lawsuit Wrongful Death (An Overview of Compensation in South Carolina)

Wrongful death damages in South Carolina are intended to compensate surviving beneficiaries for losses caused by the death. Recoverable damages may include loss of financial support, loss of services, loss of companionship, loss of care and guidance, and mental shock and suffering. Funeral and burial expenses may also be recovered. Damages are assessed from the perspective of the beneficiaries, not the estate. South Carolina does not impose a general cap on wrongful death damages. Although no amount of financial compensation will ever truly be enough to make things right after a fatal accident, the reality is that your family needs justice, accountability, and all of the financial support that can be recovered under South Carolina law.

Legal Note: In some cases, a separate survival action claim may be available for the decedent’s conscious pain and suffering before death. These are not “either/or” cases. If you have any questions about survival action laws in South Carolina, a top Charleston wrongful death lawyer can help.

Grieving Families Trust Our Charleston Wrongful Death Attorney: Remember Trey Helps!

The loss of a family member is a horrible tragedy. A top-rated Charleston wrongful death attorney, Trey Harrell, is a strong advocate for justice for grieving families. Our team is prepared to answer your questions, investigate your case, and gather and prepare all of the evidence that you need to prove fault in your wrongful death case. You do not have to take on the claims process alone: Your initial consultation with our Charleston wrongful death attorney is free and completely confidential. Remember Trey helps!

Schedule a Free Consultation With Our Top Charleston Wrongful Death Lawyer Today

Attorney Trey Harrell is a compassionate, experienced wrongful death attorney. If your loved one was killed due to negligence, we are here as a legal resource that you can trust. Call us now or connect with us online to set up your free, no obligation initial consultation. With an office in Charleston, we handle wrongful death claims throughout the region, including in the zip codes of 29401, 29403, 29405, 29406, and 29407.