What Evidence is Needed to Prove Wrongful Death?

November 01, 2025

— Personal Injury

Key evidence to prove wrongful death in South Carolina includes medical records, witness statements, expert testimony, and documentation linking the death to a specific act of negligence. The proper evidence doesn’t just tell a story; it helps secure justice.

At Nicholson, Meredith & Anderson, our wrongful death lawyers in Greenwood, SC, have guided families through this daunting process and secured compensation and justice for them. If you’re grieving the loss of a loved one due to someone’s negligence and are unsure what to do, get in touch with us to learn what we can do for you.

What Counts as Evidence in a Greenwood, SC, Wrongful Death Case?

SC’s wrongful death laws let surviving family members, usually spouses, children, or parents, seek damages if someone else’s negligent actions caused the death of their loved one. Simply knowing someone did wrong isn’t enough. You need evidence that meets the legal standard. These can include:

Medical Records and Autopsy Reports

Hospital and autopsy records can show whether proper care was given or if mistakes led to a preventable death. For instance, if a patient dies from an untreated infection, records may reveal delays in diagnosis or errors in medication administration, establishing negligence.

Eyewitness and Expert Testimonies

Eyewitnesses recount firsthand events, and experts explain deviations from accepted standards. In a fatal car accident, an accident reconstructionist can demonstrate that the other driver was speeding or distracted, connecting that behavior directly to the death.

Physical and Digital Evidence

Surveillance videos, electronic health records, and phone logs usually provide critical proof. In medical or product liability cases, for instance, internal emails or equipment data can reveal that a company or provider was aware of a dangerous risk but failed to act.

Proof of Financial and Personal Loss

Wrongful death claims require documentation of the loss itself. Pay stubs, tax returns, and family testimony help illustrate your loved one’s role in the family’s daily life and financial stability before they died.

In SC, the burden of proof is a “preponderance of the evidence,” showing it’s more likely than not that your loved one died because of negligence. Having reliable evidence not only strengthens your case but also pressures insurers and defendants to settle fairly. On the other hand, weak or missing documentation can reduce your compensation or even lead to your case being dismissed.

How Can a Greenwood, SC, Wrongful Death Lawyer Help You?

Collecting evidence after a death is challenging. Hospitals usually delay records, insurers will fight to minimize their liability, and memories fade over time. A Greenwood, SC, wrongful death attorney can:

Secure and interpret hospital and coroner records
Work with medical and forensic experts to confirm the cause of death
Obtain corporate or insurance documents through subpoenas and discovery
Calculate the full financial and emotional impact of your family’s loss
Build a timeline showing where negligence occurred and how it could have been prevented-

Early preservation of evidence is critical. Hospitals or insurers may quietly resolve internal investigations, but your Greenwood, SC, wrongful death lawyer can make sure every document, witness, and timeline is accounted for.

Seek Legal Guidance from Our Greenwood, SC, Wrongful Death Attorneys

If a loved one died and you suspect negligence is involved, act quickly. Crucial evidence can disappear, and South Carolina’s statute of limitations gives families only three years from the date of death to file most wrongful death claims. For your complimentary consultation with our Greenwood, SC, wrongful death lawyers, contact us online or call 864-229-7241.