The call from the hospital came years after your spouse's devastating car accident on the I-185 near Greenville. Though they initially recovered, complications from their injuries ultimately led to their death. Now, you're wondering if you can still pursue a wrongful death case against the driver who caused the original accident.
At Pracht Injury Lawyers, our Anderson wrongful death lawyers understand the legal questions that arise when a loved one dies long after an initial injury. We have helped many families examine what South Carolina law says about delayed fatalities and what causation proof you need to pursue a successful claim.
Proving the Connection Between Initial Injury and Delayed Death
When someone dies years after an accident, establishing a clear causal link between the initial injury and the eventual death is crucial. South Carolina courts require substantial evidence showing that the defendant's negligence was the proximate cause of death, even if the delayed fatality occurred well after the original incident.
For example, if your loved one suffered a traumatic brain injury in a car accident that later caused a fatal stroke, medical experts may need to testify that the stroke was a direct result of the original brain trauma. Similarly, if an accident caused organ damage that slowly deteriorated over time, you would need medical documentation tracking this progression.
The legal standard for causation proof requires showing that the original accident set in motion an unbroken chain of events that ultimately resulted in death. This becomes more challenging as the time gap increases, but it remains legally possible with strong medical evidence.
South Carolina Statute of Limitations for Delayed Death Claims
South Carolina Code Section 15-51-10 establishes the right to bring a wrongful death action, but the timing requirements can be tricky in delayed fatality cases.
Under South Carolina law, the standard statute of limitations for wrongful death claims is three years from the date of death, not from the date of the original accident. This gives families crucial time to pursue justice even when death occurs well after the initial injury.
For instance, if your spouse was injured in a car accident in March 2020 but didn't pass away until November 2024 due to complications from those injuries, the three-year countdown for filing a wrongful death claim would begin in November 2024. This means you would have until November 2027 to file your claim.
Notable Exceptions
If the defendant is a government entity, such as when an accident involves a city bus or happens on poorly maintained public property, the South Carolina Tort Claims Act applies. This shortens the notification period to one year and has different filing requirements.
If the death resulted from medical malpractice, additional timing considerations may apply under Section 15-3-545 of the South Carolina Code. The discovery rule may apply in some cases. This means the statute of limitations may not begin until you discovered (or reasonably should have discovered) that the death was connected to the earlier instance of medical malpractice.
Medical Evidence Needed to Prove Causation
Building a successful delayed fatality wrongful death claim requires assembling comprehensive medical evidence. South Carolina courts will carefully scrutinize the causal connection, particularly when significant time has passed.
Essential evidence includes:
- Complete medical history. Gather all medical records from the time of the initial accident through the date of death. This creates a documented timeline showing how the original injuries progressed over time.
- Expert medical testimony. Medical specialists must be prepared to explain how the injury led to complications that resulted in death, even after a lengthy period.
- Autopsy results. An autopsy report can provide critical evidence linking the cause of death to the original accident.
- Treating physician statements. Statements from doctors who treated your loved one over time can help establish the ongoing medical issues stemming from the accident.
For example, if your loved one suffered spinal injuries in a truck accident that left them bedridden, and they later died from complications of prolonged immobility such as pulmonary embolism, medical experts would need to clearly establish this connection.
Types of Delayed Death Cases That May Qualify for Wrongful Death Claims
Certain types of injury cases are more likely to result in delayed death situations. Understanding these scenarios can help you determine if your situation may qualify for a wrongful death claim.
Traumatic Brain Injuries
Brain injuries can cause long-term complications that may not be immediately apparent. For instance, a construction worker who suffers a traumatic brain injury in a falling object accident might initially recover enough to return home, but they later develop seizures or a fatal brain hemorrhage related to the original trauma.
Spinal Cord Injuries
Severe spinal injuries often lead to secondary complications that can be life-threatening. A person who becomes partially paralyzed after a car accident might eventually die from pneumonia or other complications directly related to their immobilized state.
Organ Damage and Internal Injuries
Damage to internal organs from an accident may not be immediately fatal but can lead to progressive deterioration over time. For example, kidney damage might eventually lead to renal failure or liver trauma could cause gradual liver dysfunction.
Burn Injuries and Infections
Severe burns can compromise the immune system and lead to chronic infections or other complications that may prove fatal long after the initial injury has healed. Someone who suffered third-degree burns in a workplace explosion might battle recurring infections for years before succumbing to a particularly severe infection.
How a South Carolina Wrongful Death Attorney Can Help
Delayed death wrongful death cases present unique challenges that require skilled legal representation. An experienced Anderson wrongful death lawyer can provide essential guidance throughout this process.
Our team at Pracht Injury Lawyers will thoroughly investigate the circumstances of both the original accident and your loved one's delayed death. We work with medical experts who can establish the critical causal connection between the initial injury and the eventual fatality.
We understand the South Carolina wrongful death statute and how courts have interpreted it in delayed death cases. This knowledge allows us to build the strongest possible case on your behalf, identifying all responsible parties and potential damages.
Throughout this difficult process, we provide compassionate support while aggressively pursuing the compensation your family deserves. We handle all aspects of the legal process so you can focus on healing.