Anderson Wrongful Death Lawyer Secures Compelling Evidence for Families Seeking Justice
The loss of a loved one leaves an unfillable void, especially when their death could have been prevented. While no legal action can bring back your family member, understanding how to prove negligence can help you hold the responsible party accountable. At Pracht Injury Lawyers, our South Carolina wrongful death lawyer instructs families on meeting the burden of proof to secure fair compensation for their losses.
Legal Elements Required to Prove Wrongful Death in South Carolina
Proving negligence in a wrongful death case requires establishing several key legal elements. Each element must be supported by clear evidence that demonstrates the defendant's responsibility for your loved one's death.
Duty of Care
A duty of care is a legal obligation requiring individuals or entities to act with reasonable care to prevent harm to others. This fundamental element establishes that the defendant had a responsibility to take certain precautions or actions to protect your loved one's safety.
Consider a hypothetical case of a nursing home resident who died from neglect. The facility had a clear duty of care to provide adequate medical attention, nutrition, and basic needs for all residents. This duty existed because the nursing home was specifically contracted to provide comprehensive care for vulnerable residents. It was bound by state and federal regulations governing patient care.
Breach of Duty
A breach occurs when someone—whether an individual or an organization—fails to meet their duty of care through action or inaction. This failure can be demonstrated through evidence showing the defendant acted unreasonably or failed to take necessary precautions.
Say a trucking company failed to perform required maintenance on their fleet's braking systems. If documentation shows the company skipped scheduled inspections and ignored warning signs of brake failure, this would constitute a clear breach of their duty to maintain safe vehicles on public roads.
Direct Causation
Causation links the defendant's breach of duty of care directly to the consequent death. To win the case, your South Carolina wrongful death lawyer must prove that your loved one's death was a direct and foreseeable result of the defendant's negligent actions and not some unrelated factor.
Take the example of a doctor who fails to diagnose obvious signs of heart disease despite clear symptoms and test results. Say the patient later dies from a heart attack that could have been prevented with proper treatment. In that case, medical records and expert testimony may establish that the doctor's negligence directly led to the death and hold them legally responsible.
Proximate Cause
Proximate cause shows that the death was a foreseeable consequence of the defendant's actions. This legal element helps establish that the defendant should have known their conduct could result in serious harm or death.
For instance, if a building owner ignores multiple warnings about faulty electrical wiring and a fire later claims a tenant's life, the death was a foreseeable outcome of the owner's negligence in maintaining the property's safety systems.
Measurable Damages
The burden of proof in wrongful death cases requires families to demonstrate specific damages resulting from their loss. South Carolina law recognizes two distinct types of damages in wrongful death cases: survival damages suffered by the deceased before death and wrongful death damages suffered by surviving family members. Often, families of wrongful death victims file both legal claims simultaneously.
These damages must all be documented through clear evidence. Consider a scenario where a family lost their father to a fatal workplace accident. Employment records show that he earned a $75,000 annual salary with comprehensive benefits, including health insurance and retirement contributions. Beyond these economic losses, his children testified about losing his guidance in critical life decisions, his help with home maintenance and repairs, and his irreplaceable role in family traditions.
An economist calculated the present value of his lost earnings over his expected work life, while family videos and photos helped demonstrate the profound impact of losing his presence at graduations, weddings, and other milestone events. Medical records from his final hospitalization and testimony from healthcare providers established the physical and emotional suffering he endured before death, supporting additional survival damages for his estate. Only when all damages are carefully considered can you estimate the full value of your claim.
Other Legal Requirements for South Carolina Wrongful Death Claims
Beyond proving negligence, your wrongful death claim must satisfy several other legal requirements. South Carolina courts carefully review each legal element before allowing a case to proceed.
Statute of Limitations
You must file your wrongful death claim within three years of the date of death, though this deadline can be shorter if the defendant is a government entity. The South Carolina Tort Claims Act (SCTCA) states that claims against state or local government must be filed within two years of death. You must also file a Notice of Claim within one year of the death.
Comparative Negligence
South Carolina's modified comparative negligence rules allow recovery as long as your loved one was 50% or less responsible for the incident, with damages reduced by their percentage of fault.
Personal Representative and Probate Court
Only the personal representative of the deceased person's estate can file a wrongful death claim. This requires a formal appointment by the probate court, which also oversees the distribution of any settlement or verdict. The distribution follows South Carolina's intestacy laws unless the deceased left a valid will.
Working with Insurance Companies
Most wrongful death claims involve negotiations with insurance companies representing the at-fault party. These companies employ teams of adjusters and lawyers focused on minimizing payouts. Having legal representation helps ensure you receive full compensation rather than accepting an inadequate initial settlement offer.
Evidence Preservation
Critical evidence can disappear quickly after a death. Surveillance footage may be overwritten, witnesses' memories fade, and physical evidence can be lost or altered. Your South Carolina wrongful death lawyer can file spoliation letters to preserve vital evidence.
Record-Breaking Verdict Demonstrates the Power of Thorough Evidence
The recent $20.73 million verdict obtained by Pracht Injury Lawyers in Horry County illustrates how building a strong evidentiary case can secure justice for families. In representing the family of Zerihun Wolde, who drowned at Myrtle Beach, our legal team uncovered crucial evidence showing that Lack's Beach Service's "dual role" lifeguarding system prioritized profit over safety.
The case succeeded through meticulous gathering of evidence, including testimony from former USLA president Chris Brewster about safety violations, documentation of previous warnings about unsafe practices, and proof that lifeguards were engaged in commercial activities instead of monitoring swimmers when Mr. Wolde and his children needed help.
This comprehensive approach to evidence collection helped secure the largest personal injury verdict in Horry County history.