How Negligence is Proven in a Wrongful Death Case

Most wrongful death claims in South Carolina are built on a negligence claim. Negligence isn’t just a general accusation of carelessness; it’s a specific legal standard that requires that every element be proven. South Carolina requires that the personal representative bring a wrongful death claim on behalf of interested beneficiaries. In most cases, a legal claim must be pursued within three years of the person’s death.

If your family is considering a wrongful death claim after losing a loved one, understanding how negligence is proven can help you understand what to expect. At Bradley Law, our Anderson, SC, wrongful death lawyer has assisted numerous families to recoup damages for the loss of their loved one and is happy to assist you.

Four Elements of Negligence

A South Carolina wrongful death claim depends on the following four elements being established:

Duty of Care

The at-fault party must have owed the deceased a legal obligation to act with reasonable care. This duty varies based on the relationship of the parties and the scenario. For example, drivers owe other road users a duty to obey traffic laws, doctors a duty to administer treatments based on the acceptable standard of care, and property owners owe visitors a duty to maintain reasonably safe premises.

Breach of Duty

Once a duty is established, you must show that the at-fault party failed to uphold it. A breach might look like a driver running a red light, a doctor missing an obvious diagnosis, or a property owner ignoring a known hazard.

Causation

Simply showing that someone is careless is not enough. You have to connect that carelessness directly to the death. South Carolina courts recognize two parts to causation: cause-in-fact and proximate or legal cause. Cause in fact, often described as the “but-for” test, asks if your family member would have died but for the defendant’s negligent act. Proximate or legal cause, in contrast, asks if the death was a reasonably foreseeable result of the defendant’s conduct. Causation is often the most challenging element to prove, especially in medical malpractice claims.

Damages

The family and the estate must show they suffered measurable losses because of the death. Common damages include funeral and burial expenses, lost income and financial support, and the loss of the deceased’s household services, guidance, and companionship. This differs from a survival action, which allows for recovery of damages the victim sustained between the time of the injury to their death. Common damages in a survival action include medical expenses, pain and suffering, and emotional distress.

Evidence Commonly Used to Prove Negligence

Building a strong wrongful death case typically involves gathering the following types of evidence:

• Police and incident reports documenting how the accident occurred
• Witness statements from people who observed the at-fault party’s conduct
• Medical records establishing the cause of death and connecting it to the defendant’s actions
• Expert testimony, which may involve testimony from accident reconstructionists, medical experts, or industry specialists who can explain how the defendant deviated from the standard of care or caused the deceased’s injuries
• Photographs and video, including surveillance or dashcam footage
• Cell phone records or truck maintenance logs (depending on the type of case)
• Financial documentation, such as pay stubs, W2s, and tax returns, to establish the deceased’s financial contributions to the household

Legal Representation in Wrongful Death Cases

The moment that you suspect that your loved one’s death was caused by another ineptitude or oversight, you should contact a wrongful death lawyer. An attorney can work to preserve evidence quickly, since records can be lost, witnesses’ memories fade, and physical evidence can deteriorate over time.

When various moving parts are involved, causation can be more difficult to surmise. If your loved one is deemed to have contributed to their own injuries, the award will be reduced based on their percentage of fault under the state’s comparative negligence rule. If they are found 51% or more at fault, then compensation will be barred.

Given that the insurer likely wants to minimize its payout, liability is often inflated. An experienced wrongful death attorney can help ensure that liability percentages are based on solid information and in line with what really happened.

Speak with Our Anderson, SC, Wrongful Death Attorney At Your Earliest Opportunity

Your family should not suffer for the misguided actions of another. If your family lost a loved one because of another person’s negligence, our Anderson, SC wrongful death attorney at Bradley Law can help investigate what happened to pursue the compensation your family deserves. To arrange your free consultation, contact us today online or by phone.