Most people enter their vehicles thousands of times without experiencing a severely harmful accident. You can hardly expect the death of a loved one during a routine drive, but you deserve justice if it does happen.
The untimely passing of a loved one in a vehicle accident is likely grounds for a wrongful death case. Winning your case hinges on your legal team’s ability to prove the other party negligent in their duty of care.
What is the duty of care?
When performing any activity that could harm another individual, such as driving a motor vehicle, everyone has a legal responsibility to adhere to a standard of reasonable care toward other civilians. There are inherent consequences for breaching this duty of care. The South Carolina Code of Laws defines a fatality resulting from one’s negligence to their duty of care as death by wrongful act.
How can you prove wrongful death?
Proving wrongful death after a car accident primarily entails submitting evidence that the deceased’s death was a result of the accident. This may come in the form of a report from a medical professional. You must also prove that another party is at fault for the incident, and thus in breach of their duty of care.
Wrongful death in your family can have major monetary implications in addition to the pain and grief resulting from the loss of a loved one. Pursuing a wrongful death claim may be the right course of action to achieve a sense of closure and get back on your feet financially.