When a wrongful death lawsuit is filed on behalf of a lost loved one, the burden is on the victim's family and legal representation to prove that another person or party was responsible for their loss. The family member must prove liability, just as an injury victim would need to prove liability after being harmed due to another person's careless or negligent actions. Depending on the circumstances of the case, it may be possible to prove that the fatal accident occurred due to intentional or unintentional conduct.
When someone intentionally causes harm to another person that results in their death, this results in a wrongful death case stemming from intentional conduct. When someone acts in a reckless, negligent, or careless manner and causes fatal harm to another person, they may be charged with wrongful death, even though they did not intentionally seek to cause injury.