Losing a loved one is devastating, and the pain is even deeper when someone else’s negligence caused the death. In these tragic situations, families are left not only with emotional heartbreak but also with financial strain. While no legal action can undo the loss, a wrongful death claim can help ease the burden by holding the responsible party accountable and recovering compensation for funeral costs, lost income, and other damages. We work closely with grieving families in Mount Pleasant and throughout South Carolina to pursue justice in wrongful death cases.
One of the most common questions we hear is: How do you prove wrongful death? To succeed in a wrongful death case, you must show that:
- The at-fault party owed a legal duty of care to the deceased
- That duty was breached through negligence, recklessness, or intentional misconduct
- The breach directly caused the death
- Surviving family members suffered measurable losses as a result
Wrongful death claims often involve complex facts and aggressive defense strategies. Our Mount Pleasant wrongful lawyer and legal team is equipped to investigate thoroughly, gather key evidence, and build a strong case focused on accountability and recovery. If you suspect that your loved one’s death could have been prevented, do not wait. Understanding how to prove wrongful death is the first step toward justice.
How Do You Prove Wrongful Death?
To prove a wrongful death claim, you must essentially prove wrongful death negligence. There are certain elements you must prove in these cases. They are as follows:
- Duty of care
- Breach of duty
- Direct causation
- Proximate cause
- Damages
Our experienced attorney explains these elements in greater detail below.
Duty of Care
‘Duty of care’ is a legal obligation that requires individuals and entities to act in a reasonable manner that keeps others safe. This element is relatively easy to establish because everyone has a duty to ensure that they act in a manner that will not cause harm to others. For example, all drivers have a duty to comply with traffic law and operate their vehicle in a safe manner to try and prevent accidents so no one becomes hurt.
Breach of Duty
Breach of duty is harder to establish than simply proving a duty existed. This is because when establishing a breach of duty, you must prove wrongful death negligence. Essentially, you must show the act of carelessness or wrongdoing that caused the death.
An act of negligence can either be a careless act or an omission to act.
For example, a nursing home staff member may abuse a resident. The resident may succumb to their injuries and suffer a wrongful death. On the other hand, if a nursing home staff member did not abuse a resident, but they did not ensure the resident had the necessary food, water, and hygiene they needed to survive, that is an omission to act. It is also a breach of duty.
Direct Causation
Direct causation establishes the direct link between the negligence resulting in death and the actual wrongful death. To be successful with your wrongful death case, you must show that the death was a direct and foreseeable result of the negligent defendant’s actions and not another factor.
For example, a patient may visit their doctor with clear signs of heart problems. The doctor may dismiss their symptoms as simply indigestion. The patient may suffer from wrongful death negligence because their life may have been saved with proper treatment. In this case, expert testimony and medical records can prove that the doctor’s negligence was the direct cause of the death, and the doctor can be held legally liable.
Proximate Cause
Proving proximate cause requires that the wrongful death was a foreseeable outcome of the liable party’s actions or inactions.
Establishing this legal element requires proving that the defendant knew, or should have known, that their conduct or misconduct could result in serious harm or death.
For example, the owner of an apartment building may ignore numerous warnings about faulty wiring. Later, a tenant may lose their life during an electrical fire in the building. In this case, the owner could be liable for wrongful death negligence because they failed to correct or maintain the safety systems within the property.
Damages
Damages refer to financial compensation for the plaintiff’s losses. South Carolina allows two types of damages in wrongful death claims. These are wrongful death damages and survival action damages.
Wrongful death damages refer to the losses that surviving loved ones suffered due to the negligence resulting in death. Most commonly, funeral and burial expenses are included in wrongful death damages. Other losses that surviving family members suffered can also be included. These include loss of companionship and guidance, loss of consortium, and loss of future earnings, if family members were dependent on the deceased’s income.
Survival action damages refer to the damages the deceased person could have claimed if they had survived the accident resulting in their death. For example, someone may be seriously injured in a car accident caused by another person. They may receive treatment in the hospital for two or three weeks before succumbing to their injuries. A survival action claim can be filed to recover the individual’s medical expenses, lost income, and other losses they suffered while in the hospital.
While wrongful death damages are awarded to the personal representative and distributed to beneficiaries, survival action damages are awarded to the deceased’s estate. Often, the two different claims are filed simultaneously.
Other Legal Requirements
In addition to the above elements of proof, there are other legal requirements to consider when filing a wrongful death claim. These are as follows:
- Personal representative: Only the personal representative of the deceased’s estate can file a wrongful death claim. If the deceased did not name a personal representative, the probate court will appoint one.
- Statute of limitations: Under state law, wrongful death claims must be filed within two years of the date of the death. If this time limit has expired, the personal representative is barred from receiving any compensation at all.
- Comparative negligence: South Carolina follows a modified comparative negligence law. Under this law, personal representatives can only file a claim if the deceased was 50 percent or less responsible for the accident that resulted in their death.
Our Wrongful Death Attorney in Mount Pleasant Can Prove Your Case
Losing a loved one is never easy. Unfortunately, filing a wrongful death claim is also challenging. At Rikard & Protopapas, our Mount Pleasant wrongful death attorney can help you overcome those challenges so you and your family can obtain the maximum compensation you are entitled to. Call us now or fill out our online form to schedule a consultation with our experienced attorney and to learn more about how we can help you and your family.