Through a civil wrongful death claim in South Carolina, families can seek justice, accountability, and compensation. While it will never truly be enough to make things right, it is an important part of getting closure. This raises an important question: How do you prove wrongful death? The short answer is that you will need to prove that the defendant was “at fault” for causing the fatal accident. Here, our South Carolina wrongful death lawyer provides a guide to proving liability.

An Overview of South Carolina’s Wrongful Death Law

Under South Carolina law (S.C. Code § 15-51-20), a wrongful death claim is a type of civil cause of action. The law allows the personal representative of a deceased to bring a civil lawsuit against a party whose wrongful act, neglect, or default caused the death. Wrongful death claims are brought for the benefit of the deceased statutory beneficiaries such as spouses, children, or parents.

Elements of Liability in an SC Wrongful Death Claim

Pursuing a wrongful death lawsuit in South Carolina can be complicated. It is imperative that you are prepared to present a strong, comprehensive case. To establish liability in a wrongful death lawsuit in South Carolina, you must prove the following four things:

Duty of Care: The defendant owed a legal duty to the deceased person.
Breach of Duty: The defendant failed to meet that duty through negligence, recklessness, or another type of misconduct.
Causation: The defendant’s breach of duty directly caused or substantially contributed to the fatal accident.
Damages: The statutory beneficiaries suffered harm as a result of the death, either in the form of economic losses or non-economic losses.

How to Prove Wrongful Death in South Carolina

Unfortunately, the at-fault party may not step forward and admit their culpability for an accident. It is crucial that grieving families are prepared to present a strong, well-supported wrongful death case. Proving wrongful death in South Carolina requires a thorough and timely investigation. Indeed, establishing liability is generally far easier if you are able to gather the right evidence early in the process. Among other things, they may include police reports, accident scene photos, witness statements, surveillance footage, and expert testimony. Your South Carolina wrongful death attorney can put together all of the relevant evidence to build a strong case that proves fault. You should be prepared to face pushback from the defense and/or their insurance company.

Contact Our South Carolina Wrongful Death Attorney Today

At The Law Office of Steven M Krause, PA, our South Carolina wrongful death attorney provides compassionate advocacy to families. If you have any questions about proving wrongful death, we are here to help. Contact us today for a fully confidential consultation. With an office in Anderson, we handle wrongful death claims throughout the region in South Carolina.