Proving a Wrongful Death Claim
To prove negligence or misconduct in a wrongful death claim, the plaintiff’s attorney must demonstrate that each one of the following occurred in their case, resulting in their loved one’s demise.
Duty of Care
The plaintiff’s attorney must demonstrate the defendant owed a duty of care to the victim, such as obeying traffic laws or providing a certain medical standard of care.
Breach of Duty
The plaintiff’s attorney must prove the defendant failed in their duty of care and acted with negligence.
Breach of Care Caused the Victim’s Death
The plaintiff’s attorney must prove the defendant’s actions or failure to act resulted in the victim’s death and caused damages to the deceased, their estate, and the family.