PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone, or through video conferencing via Zoom or Electronic Sign up. Please call our office to discuss your options.

Distinctive. Trustworthy. Aggressive.
  1. Home
  2.  – 
  3. Personal Injury
  4.  – 4 key elements needed for a wrongful death case

4 key elements needed for a wrongful death case

When a loved one’s life is tragically cut short, grieving family members may seek recourse through a wrongful death lawsuit.

To pursue such a legal claim successfully, several crucial elements must be present.

1. Proving negligence

At the core of any wrongful death lawsuit lies the concept of negligence. Establishing negligence involves demonstrating that the responsible party failed to exercise reasonable care, directly contributing to the untimely demise. This component forms the foundation upon which the entire case rests.

2. Establishing causation

Causation is the linchpin that connects negligence to the unfortunate outcome. To prevail in a wrongful death lawsuit, it is important to establish a clear and direct link between the negligent actions and the fatal consequences. This element requires a compelling presentation of evidence demonstrating how the responsible party’s behavior directly led to the loss of life.

3. Demonstrating breach of duty

To strengthen a wrongful death claim, it is necessary to establish that the responsible party had a duty of care toward the deceased and breached this duty. This entails demonstrating that the party failed to fulfill their obligations or acted in a manner inconsistent with what would be reasonably expected in a similar situation.

4. Quantifying the loss

A successful wrongful death lawsuit must quantify the damages incurred by the surviving family members. This goes beyond the emotional toll and includes financial losses, such as medical expenses, funeral costs and the projected financial contributions the deceased would have made to the family.

In 2021, unintentional injuries caused 224,935 deaths. While a wrongful death lawsuit is intricate, families have the right to seek justice for their lost loved one.