What Evidence Is Needed to Win a Wrongful Death Lawsuit After a Car Crash?

Posted by Michael Melonakos on September 8, 2026 in Car Accidents

There is no specific evidence needed for a wrongful death lawsuit following a car accident in South Carolina. Rather, wrongful death cases are won or lost based on the preponderance of the evidence. In other words, the plaintiffs who have filed the lawsuit must provide enough evidence of various types to convince the court that there is a greater than 50 percent chance that the defendant caused their loved one’s death.

The Melonakos Law Firm has been handling cases involving fatal crashes in Greenville and across the Upstate since 2018. We know how to gather key evidence for proving fault in a fatal crash, from recovering security footage to working with medical examiners to commissioning accident reconstructions. We are ready to put our accumulated knowledge and experience to work for you now.

The Crash Evidence That Decides a South Carolina Wrongful Death Case

Car accident-specific wrongful death evidence in South Carolina can include, for example:

• Police crash report: The police report documents the circumstances of the collision according to the responding law enforcement officer’s initial investigation. It lists the parties involved, the general sequence of events, any contributing factors, and basic injury information. While the police report can be useful during settlement negotiations, it is generally inadmissible as evidence at trial in South Carolina.
• Vehicle event data recorder (black box) data: Electronic evidence from a vehicle’s black box could reveal how fast the vehicle was going, when the brakes were applied, whether seat belts were in use, and other data immediately before and during the crash.
• Photos and videos from the crash scene: Photos and videos can provide objective evidence of damage to the vehicles, skid marks on the roadway, general road conditions, the presence of traffic controls, and other relevant information.
• Surveillance, traffic-camera, and dashcam footage: Various types of video cameras might have captured the collision itself or a driver’s conduct immediately before or after the crash.
• Witness statements and testimony: Unbiased bystanders can speak about what they observed from a different vantage point from the involved parties.
• FR-10 forms: Every driver involved in an accident resulting in injuries, death, or property damage of at least $1,000 must fill out an FR-10 form proving they have an insurance policy covering the accident.

Accident reconstruction can piece this evidence together to recreate a likely sequence of events leading up to the accident.

How Quickly Evidence Disappears After a Greenville Crash

One of the most challenging aspects of a wrongful death case after a car crash is how quickly key evidence can disappear. Videos can be recorded over. Witnesses’ memories can fade. Totaled cars might get scrapped. That is why it is important to get help from our experienced car accident lawyers as soon as possible. We can draft and send spoliation letters while critical evidence is still available, alerting anyone who may have it that they must preserve it for use in the legal process.

Who Has to File and How Long South Carolina Gives Them

Under South Carolina law, only the personal representative of the deceased’s estate can initiate a wrongful death claim. Generally, the personal representative is the person named as executor in the deceased’s will. If the deceased died without a will, or if the executor cannot serve, the probate court can appoint a personal representative for the estate.

The personal representative then has three years from the date of the deceased’s death to file the lawsuit. Any compensation recovered in the wrongful death suit goes to the deceased’s surviving family members based on the state’s law concerning intestate succession.

Talk to a Greenville Wrongful Death Attorney About Your Family’s Case

The car accident attorneys at The Melonakos Law Firm know how to prove wrongful death in a fatal accident. We are ready to help you pursue the compensation your family may be entitled to now.

Contact the wrongful death lawyers at The Melonakos Law Firm today to speak with a fatal car accident lawyer in Greenville at no cost or obligation.

Author: Michael Melonakos, Esq.

Attorney Michael Melonakos is the founder of The Melonakos Law Firm, where he concentrates his practice on personal injury matters, including motor vehicle accidents, wrongful death, medical malpractice, premises liability, nursing home abuse, workers’ compensation, and more. The law firm’s efforts have secured more than $50 million for injured people.

Before founding his own law firm focused on representing plaintiffs in personal injury claims, Michael worked for a decade at two of Atlanta’s leading insurance defense law firms. He is licensed to practice law in both South Carolina and Georgia.

Michael earned his law degree from the University of Georgia and his undergraduate degree from Michigan State University. He is an active volunteer with the Greenville Bar Association.

Admitted to South Carolina Bar: 2012
Admitted to Georgia Bar: 2008
Years of Legal Experience: 18
Listed as a Rising Star by Super Lawyers: 2019-2023