The loss of a loved one to an accident caused by another party’s negligence is a terrible tragedy. It is more difficult for the family when the defense/insurer tries to blame part of the accident on your deceased loved one. As South Carolina is a comparative negligence state, this can have major legal implications. Here, our South Carolina wrongful death attorney provides a comprehensive overview of the key things to know about how comparative fault can impact a wrongful death case.

Why Fault in Wrongful Death Cases Matters

Under South Carolina law (S.C. Code § 15-51-10), a wrongful death action arises 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 he or she survived. The statute creates a derivative claim. The personal representative prosecutes the action on behalf of statutory beneficiaries. Here is a key point: That claim (a civil wrongful death claim) inherits both the strengths and vulnerabilities of the decedent’s underlying case.

South Carolina applies a modified comparative negligence standard to both personal injury cases and wrongful death cases. The plaintiff may recover only if the decedent’s negligence does not exceed that of the defendant. If the decedent’s fault is 51 percent or greater, recovery is barred. If the decedent’s fault is 50 percent or less, the court reduces damages in proportion to the assigned percentage.

What to Know About Wrongful Death Negligence in South Carolina

Wrongful death negligence analysis mirrors traditional tort principles. The plaintiff must prove duty, breach, causation, and damages. The defendant’s conduct must constitute a breach of a legally recognized duty of care. In motor vehicle cases, statutory violations under Title 56 of the South Carolina Code may serve as evidence of negligence. In premises liability claims, the status of the decedent as invitee, licensee, or trespasser governs the scope of duty.

Comparative fault integrates into both breach and causation analysis. The jury may consider whether the decedent failed to exercise reasonable care for his or her own safety under the same or similar circumstances. Evidence such as failure to obey traffic control devices, intoxication, or disregard of known hazards may support a comparative negligence instruction. The defendant bears the burden of proving the decedent’s negligence by a preponderance of the evidence.

The Bottom Line: If a decedent is held partially at fault for their own fatal accident, that will reduce the value of any corresponding wrongful death claim. South Carolina has proportionate liability.

Contact Our Anderson, SC Wrongful Death Lawyer Today

At The Law Office of Steven M Krause, PA, our Anderson wrongful death lawyer is a compassionate, experienced advocate for justice. If you have questions about comparative negligence and a wrongful death case, please do not hesitate to contact us today for a free, confidential case review. From our Anderson office, we represent grieving families throughout South Carolina.