To prove wrongful death, you must show:
The at-fault party owed the decedent a duty of care. The duty of care refers to the actions a reasonable person would take in a given set of circumstances to protect others. This duty of care depends on the circumstances that led to your loved one’s death. For example, if your loved one died in a motor vehicle accident, the duty of care that was owed by other drivers on the roadway was to operate their motor vehicles safely and legally.
There was a breach in the duty of care, which refers to the actions that the at-fault party took that violated the duty of care.
This breach resulted in the accident, which injured your loved one. Those injuries ultimately resulted in death.
The death of your loved one caused you to incur specific and quantifiable expenses and psychological impacts.
That’s a lot harder than it seems. You will want to call us to make sure you can prove those things to the satisfaction of a judge and jury.