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How Do You Prove a Wrongful Death Claim?

Losing a loved one is devastating, especially when their death was caused by someone else’s negligence or misconduct. A wrongful death claim allows surviving family members to seek justice and compensation when a person dies due to the careless, reckless, or intentional actions of another.

While no amount of money can replace your loved one, a successful wrongful death lawsuit can provide financial security and accountability.

What Must Be Proven in a Wrongful Death Case?

To win a wrongful death claim in South Carolina, you must establish four key elements:

  • Duty of Care: The defendant owed a duty of care to the deceased.
  • Breach of Duty: The defendant breached that duty through negligence or wrongful conduct.
  • Causation: The breach directly caused your loved one’s death.
  • Damages: The surviving family members suffered measurable losses as a result.

These elements mirror those in a typical personal injury case. However, since the injured person is no longer able to testify or describe what happened, the burden falls on the family and their attorney to gather supporting evidence.

What Evidence Is Used in a Wrongful Death Claim?

Wrongful death claims rely on a combination of physical, testimonial, and expert evidence to prove fault and damages. Common examples include:

  • Eyewitness statements from those who saw the incident.
  • Photos or video footage from the scene.
  • Police or accident reports.
  • Expert testimony, such as accident reconstruction specialists or medical experts.
  • Autopsy reports or medical examiner findings.
  • Internal records from the at-fault party, such as safety logs, employee files, or maintenance records.

Because critical evidence can quickly be lost or destroyed, it’s essential to act fast. A wrongful death attorney can send a spoliation letter—a legal notice directing the at-fault party to preserve relevant materials—or begin an immediate investigation to gather time-sensitive information.

How Do You Prove Damages in a Wrongful Death Lawsuit?

In addition to proving fault, you must also show that the loss of your loved one caused financial and emotional harm. South Carolina law allows surviving family members to recover compensation for both economic and non-economic damages, including:

  • Loss of financial support
  • Loss of companionship and guidance
  • Mental anguish and emotional distress
  • Funeral and burial expenses

Supporting documentation may include tax returns, employment records, testimony from family members and friends, and expert projections of lifetime earnings. Your attorney may also use psychologists or grief counselors to help establish the full impact of your loss.

Why It Is Critical to Hire a Charleston Wrongful Death Lawyer

Wrongful death cases are legally complex and emotionally taxing. Insurance companies may attempt to shift blame, devalue your claim, or drag out the process. A knowledgeable wrongful death lawyer will:

  • Investigate the incident and preserve critical evidence.
  • Build a strong claim supported by expert analysis.
  • Handle negotiations with insurers.
  • Take the case to court if necessary.

Prompt legal action can significantly improve your chances of obtaining full compensation. Waiting too long may result in lost evidence or missed deadlines under South Carolina’s statute of limitations.

Contact the Charleston Wrongful Death Lawyers at Rogers, Patrick, Westbrook & Brickman LLC

If your family is facing the loss of a loved one due to negligence, let our team help you pursue justice. At Rogers, Patrick, Westbrook & Brickman LLC, we offer compassionate, results-driven representation for families across South Carolina. Call the Charleston wrongful death lawyers today at 843-727-6500 or fill out our online contact form to schedule your free consultation. Our offices are located in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, and we proudly serve clients throughout the state.

How can we help? Fill out the form for a free case review.

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