Text Us!

What Are the Key Elements of a Wrongful Death Lawsuit?

Posted on

Poisonings, drug overdoses, and motor vehicle collisions are the leading causes of accidental death in the United States. Falls, drownings, and personal violence, like assaults, round out the top six.

Sometimes, these accidents involve negligence. Human error causes over 90 percent of the vehicle collisions in South Carolina. Other leading causes of accidental deaths include injuries that occur on properties. Property owners often have a duty to provide an adequate amount of security, but this isn’t always the case.

If negligence caused the fatal accident, at least in part, and the following elements of a wrongful death lawsuit are present, a Rock Hill wrongful death attorney may obtain compensation for the survivors. This compensation gives the survivors closure, eases the grief and suffering they feel, and allows them to pay the staggering medical bills and other costs associated with a wrongful death.


As mentioned above, most people have a legal duty in most situations. The extent of that duty varies in different cases.

Noncommercial drivers usually have a duty of reasonable care. They must avoid accidents when possible and drive defensively. The same tenets tend to apply to commercial drivers as well.


People breach their duty of care if their behavior falls below the standard of care. Not every behavioral letdown constitutes a breach of care. In a wrongful death lawsuit, a survivor must prove breach by a preponderance of the evidence.


This element is really two sub-elements in a South Carolina wrongful death lawsuit. There’s a factual element and a legal element.

Most lawyers refer to factual cause as “but-for” causation, as in the wrongful death wouldn’t have happened but for the defendant’s negligence. In other words, negligence must be a primary contributing factor. There might be other factors as well.

Legal cause usually means foreseeability. The wrongful death must be a possible consequence of the defendant’s negligence. 

Wrongful death survivors deserve compensation and justice. For a free consultation with an experienced personal injury lawyer in Rock Hill, contact the Elrod Pope Law Firm. The sooner you reach out to us, the sooner we start fighting for you.


What are the leading causes of accidental death in South Carolina?

Poisonings, drug overdoses, motor vehicle collisions, falls, drownings, and assaults are the leading causes of accidental death in SC.

How much money can wrongful death survivors get?

These victims are entitled to compensation for their pecuniary losses, such as future lost wages.

Do I need to go to trial to get money for a wrongful death?

Probably not. Most of these claims settle out of court.

Get in touch with us today to get started with your FREE case review. We’re only a call, click, or short drive away.

*Disclaimer* The information contained in this Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. The content of this Website contains general information and may not reflect current legal developments, verdicts or settlements. The Firm expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Website.

Any information sent to The Firm by Internet e-mail or through the Website is not secure and is done so on a non-confidential basis. Transmission of information from this Website does not create an attorney-client relationship between you and The Firm, nor is it intended to do so. The transmission of the Website, in part or in whole, and/or any communication with us via Internet e-mail through this site does not constitute or create an attorney-client relationship between us and any recipients.

Some links within the Website may lead to other web-sites, including those operated and maintained by third parties. The Firm includes these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents.

This Website and its contents are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Furthermore, The Firm does not wish to represent anyone desiring representation based upon viewing this Website in a state where this Website fails to comply with all laws and ethical rules of that state.

E-production, distribution, republication, and/or retransmission of material contained within The Firm Website is prohibited unless the prior written permission of The Firm has been obtained.

Any results achieved on behalf of one client do not necessarily indicate similar results can be obtained for other clients.

Fee Disclosure: If your case is taken on by the firm, the fee arrangement will be a percentage of the final value of the case as follows: up to 40% for litigation, 35% for pre-litigation, and 33% for workers comp. This calculation will be done before the deduction of expenses. Additionally, the client will be responsible for the expenses resulting from the case.