The Right Expert Witness Support Can Tip a South Carolina Wrongful Death Lawsuit Verdict in Your Favor
Securing a reputable expert witness can be a decisive factor in achieving a favorable outcome in your wrongful death case. With specialized knowledge and experience, an expert witness lends credibility to your lawsuit. Their unbiased testimony can clarify complex evidence for jurors tasked with a difficult decision. Pracht Injury Lawyers has a proven track record with South Carolina wrongful death cases. Expert witnesses have played a crucial role in the successful verdicts we’ve earned for our clients.
The Vital Importance of Expert Testimony and Statements
An accidental death isn’t automatically a wrongful death in South Carolina. Sadly, accidents happen. Sometimes no one is to blame. However, when the death is the direct result of someone else’s negligence or intentional act, survivors may have the right to file a wrongful death claim. To win their case, they must prove liable parties are at fault and could have prevented the death from happening.
Under Section 15-51-10 (2021) of the South Carolina Code of Laws, a wrongful death may apply when the victim would have been able to file a personal injury lawsuit had they lived. Testimony from expert witnesses can support the claim that the death was “caused by the wrongful act, neglect, or default of another.” They offer specialized experience, insight, and knowledge.
Experts explain how specific laws, regulations, and best practices may apply in a certain case. They also outline complex concepts in a way that jury members can understand. Most importantly, their unbiased opinion of the cause of the accident helps establish liability for responsible parties. Taken together, objective testimony from expert witnesses provides critical support in a wrongful death lawsuit.
Wrongful Death Examples With Relevant Expert Witnesses
Depending on the nature of your wrongful death case, various types of witnesses play a crucial role. We’ve provided some hypothetical scenarios below to illustrate how.
Medical Malpractice
In South Carolina, medical malpractice wrongful death cases must satisfy certain criteria. Namely, they must prove the medical staff breached its duty of care and that this breach ultimately caused the death. Medical experts explain the expected standard of care for the case and then provide their opinion as to whether health care providers or facilities failed to uphold this standard.
Nursing Home Neglect and Abuse
Medical experts can be equally valuable in cases of nursing home abuse and wrongful death. Eldercare facilities are legally obligated to uphold a certain standard of care. Experts shine a light on safety rule violations, malnutrition, dehydration, and other factors that may have contributed to the death. Expert witnesses with specific knowledge of laws governing nursing homes can explain how the care home may have failed in properly caring for its residents.
Fatal Auto Accidents
Car accidents are among the leading causes of personal injury and wrongful death in South Carolina. These include truck collisions, motorcycle crashes, and pedestrian accidents. Forensic toxicology experts are also helpful in fatal DUI accidents. They analyze test results to determine whether alcohol was a contributing factor. Accident reconstructionists look at skid marks and other physical evidence to help determine fault, too.
Slip and Fall Premises Liability
Forensic engineers and building standards experts offer insight into premises liability wrongful death cases. Engineers assess a building's design and integrity, for instance, to determine whether building owners should be held responsible for a fatal accident. They also evaluate whether safety violations or defects are to blame.
