You already know that winning a lawsuit requires that you prove your case. How do you prove wrongful death in Greenville, SC?
Our experienced Greenville wrongful death lawyer at Bobby Jones Law explains.
What Is a Wrongful Death Claim Under South Carolina Law?
The Four Legal Elements You Must Prove in a Wrongful Death Case
- Wrongful act. The wrongful act, neglect, or default of another.
- Death. The death of the victim.
- Causation. The victim’s death resulted from the wrongful act.
- Damages. Survivors have claimable damages under South Carolina law.
Wrongful act
The defendant must have committed a wrongful act. The same standards for legal fault that apply in personal injury claims apply to wrongful death. The defendant must have committed an act that would make them liable for personal injury if death had not ensued.
Most often, the standard is negligence. Wrongful death negligence is a failure to do what a reasonable person would do or doing what a reasonable person would not do. Negligence is not intentional harm. For example, a traffic violation or excessive speeding can be negligence.
Death
To prove wrongful death, you must show that death occurred. This is usually proven with a death certificate. The issue of whether a death occurred is often undisputed.
Causation
The death must be the result of the defendant’s wrongful act. Proximate cause is a legal term that means the death was a foreseeable outcome of the act. In addition, the wrongful act must be the direct cause of the person’s death, meaning that it actually caused the person’s death.
Damages
Damages are the compensation that beneficiaries can claim for wrongful death. Here’s where wrongful death differs from other personal injury claims. The damages that survivors claim for wrongful death are different from what victims claim for personal injury. That means the required proof will be different.
Laws for wrongful death in South Carolina
South Carolina has a wrongful death law. In addition, court cases explain how wrongful death laws should be applied in specific scenarios.
What Evidence Is Used To Prove Wrongful Death in SC?
Evidence that may be used to prove wrongful death in SC commonly includes:
- Witness testimony
- Testimony of law enforcement investigators and other responders
- Death certificate, autopsy results
- Medical records and testimony
- Photographs, video, surveillance video
- Employment history and records
- Data recorders
- Forensic accounting
- Accident reconstruction
- Training logs, maintenance, activity, and production records
- Funeral expenses
- Testimony from family and friends explaining family relationships
The evidence in your case will depend on what evidence is available and what issues are the most contested.
Defense admissions in a wrongful death claim
Admissions can help prove wrongful death. In discovery, you can ask the defense to admit facts. For example, you may ask them to admit the victim’s death and that it resulted from the accident. In addition, the defense may admit certain elements in their responsive pleadings.
How Do You Prove Negligence in a Wrongful Death Lawsuit?
To prove negligence in a wrongful death lawsuit, you must prove each element of the case. The plaintiff must meet the burden of proof of preponderance of the evidence.
Presenting your case in Greenville, SC
There are jurisdictional rules for where to file your case. In Greenville, SC, your case may be filed in Greenville County Circuit Court. In Greenville, SC, the South Carolina Rules of Evidence and Civil Procedure will apply.
As you build your case to prove wrongful death, you must keep these requirements in mind. When your lawyer builds your case, they work with the understanding that evidence must be admissible and convincing.
Who Has the Burden of Proof in a Wrongful Death Case?
The plaintiff has the burden of proof in a wrongful death case. They must prove that their version of events is more likely than not.
Comparative negligence and proving your wrongful death claim
How to prove a wrongful death claim may involve refuting allegations of comparative negligence. Comparative negligence applies to wrongful death claims, just as it does to personal injury claims. This may seem unfair because the grieving family was not personally responsible for the negligence. However, you must be prepared to respond to allegations of the victim’s comparative fault.
South Carolina’s modified comparative fault laws apply in Greenville. If the victim is 51% or more at fault, survivors will not be able to collect compensation. Any fault less than that results in diminished recovery based on the victim’s own percentage of fault.
What Damages Can Be Recovered in a Greenville Wrongful Death Claim?
Damages that can be recovered in a wrongful death case in Greenville, SC include:
- Pecuniary loss (direct financial loss)
- Mental shock and suffering
- Wounded feelings
- Grief and sorrow
- Loss of companionship
- Deprivation of society
More generally, losses that can be claimed in a Greenville, SC, wrongful death claim are the losses that result to the survivors because of the death of their family member. This is a personal consideration based on the actual relationships involved and the family’s functioning. South Carolina has laws that determine how proceeds are split among qualifying beneficiaries.
More from Bobby Jones Law: Understanding How To Divide a Wrongful Death Settlement
How Long Do You Have To Prove a Wrongful Death Case in South Carolina?
Usually, you have three years to file a claim for wrongful death. The time limit is measured as of the deceased person’s passing. Lawsuits against governments have a shorter filing period.
The timeline may be extended in cases of delayed discovery, but this is rare, and it’s important not to delay starting your case.
Once your case is filed, the court controls the case timeline. As long as you’re meeting court deadlines and actively participating in the legal action, there’s no exact time limit for resolving an active case.
How a Greenville Wrongful Death Attorney Builds Your Case
Bobby Jones Law is a Greenville, SC, wrongful death attorney. We know how to prove a wrongful death lawsuit. We gather evidence for each element of the case and use the legal process to build your claim.
We are a full-service law firm, representing survivors in wrongful death claims.
