To prove wrongful death in SC, you must prove the elements of personal injury and that the resulting harm led to death. This means identifying a wrongful act, such as negligence, that makes the defendant liable to pay compensation. To prove wrongful death, the plaintiff must also show causation or how the wrongful act resulted in the victim’s death.
How To Prove Wrongful Death
Steps to prove wrongful death:
- Name the defendant. Name the defendant of the wrongful death claim; there may be multiple defendants.
- File the claim. File the claim in court. State the grounds for liability and make a claim for compensation.
- Wrongful act. Prove the defendant acted negligently, recklessly, or intentionally. Strict liability may apply if the claim involves a defective product.
- Causation. Show how the wrongful act resulted in the victim’s harm.
- Death. Prove that a death occurred.
- Refute defenses. Respond to defenses raised to the claim, such as contributory negligence.
- Compensation. Explain the compensation appropriate due to the wrongful death. Support your request with evidence.
- Ask for relief. Ask the jury to award the appropriate compensation.
The question of How do you prove wrongful death? is an important one. Even if your case is strong, you must still prove each element. The process to gather proof should start immediately, long before your trial date arrives.
Key Elements Required To Prove a Wrongful Death Claim
There are three key elements required to prove a wrongful death claim: legal liability due to a wrongful act, causation of harm, and death.
Wrongful act—negligence or other conduct
First, you must show that the defendant committed a wrongful act. Negligence, recklessness, and intentional acts are the most common grounds. This element is the same for a personal injury claim. You must prove that the defendant did something that makes them responsible for paying compensation for the consequences of their actions.
Causation
The defendant’s actions must be the cause of harm. There is no wrongful death case when there is no harm.
A person may act extremely negligently. There may even be a near miss. However, they are not legally liable to pay compensation unless their actions result in harm. You must show how the actions of the defendant resulted in harm to the victim.
Death occurred
To prove wrongful death, you must show that a fatality occurred. Typically, it is shown with a death certificate. The fact that a death occurred is not often contested. Causation —whether the defendant’s wrongful actions resulted in the victim’s harm—may be a question.
A death certificate may state a cause of death, but the defense may challenge it.
Seeking damages
When the elements of fault, causation, and death are proven, the plaintiff has proven wrongful death. They can proceed to present their damages and what they are seeking in compensation. Compensation is determined by South Carolina law and is based on the harm to survivors due to the loss of their loved ones.
Differences From Personal Injury Claims
There are a few ways that proving a wrongful death claim is different than proving a personal injury claim.
- A death occurred. A death, and not merely an injury, occurred.
- What damages are awarded. Financial losses are allowed, but personal loss to survivors is compensated, too. There may also be a survival action for the victim’s losses before death.
- The victim is not available to testify. The case must be proven with other evidence.
Defenses that apply to personal injury claims also apply to wrongful death claims.
Types of Evidence Used in Wrongful Death Lawsuits
- Witness testimony
- Death certificate
- Medical experts, medical records, test results
- Accident reconstruction and expert testimony
- Photographs, videos
- Inspections, testing, and examinations
- Tangible items
- Financial records, employment records, calendars and diaries
Evidence will come from people like lay witnesses who talk about their observations and expert witnesses who provide scientific or technical information. Other evidence will be tangible items, documents, photographs, and videos. What evidence is necessary and what will be most important depends on the circumstances of each case.
Who Can File a Wrongful Death Claim in South Carolina?
In South Carolina, only the personal representative can file a wrongful death claim. However, beneficiaries receive the funds awarded.
The surviving spouse and children are always beneficiaries. If there are none, then the parents are the beneficiaries. If there are none, other heirs may be beneficiaries.
In South Carolina, compensation is proportional to the losses that survivors have due to the death of their family members. Showing personal impact is especially important to maximizing compensation.
How Expert Testimony Can Strengthen a Wrongful Death Case
Expert testimony can strengthen a wrongful death case at several points. An expert may be used to explain wrongful acts. The expert may perform accident reconstruction, conduct a test, or otherwise explain the accident. A medical expert may explain the cause of death, while financial experts may support a claim for damages.
There are procedural steps to admitting expert testimony. You must begin preparing this testimony early in the case, following the steps to have it admitted at trial.
Common Defenses Used in Wrongful Death Cases
- Comparative negligence: The victim was negligent, too.
- Assumption of the risk: The victim knew and assumed the risks of their behavior.
- Statute of limitations: The victim waited too long to file the case.
- Causation: Defense actions did not cause the death of the victim (intervening cause or pre-existing condition).
- No duty of care: The defendant did not owe the victim a duty of care.
- Self-defense: Actions were justified because of self-defense or defense of others.
- Standing: The party filing the case does not have legal grounds to do so.
- No death: The victim is missing, and there is no proof of death.
In addition, the defense may move to exclude testimony and evidence. These pre-trial procedures may be important to the outcome of the case.
Contact an Experienced Greenville Wrongful Death Lawyer
To receive compensation, you must prove your wrongful death case. You can have help from an experienced Greenville wrongful death lawyer. Bobby Jones Law is currently taking new cases. Call or message us now.
