A wrongful death claim is a civil lawsuit that's based on negligence or carelessness, the claimant must prove the wrongful death occurred through another person's negligence. When proving negligence, the claimant must show that:
The defendant owed the deceased a duty of care
The defendant breached their duty of care to the deceased
The breach caused the death
In negligence per se, the defendant's violation of a law or regulation that was enacted to protect a class of persons, including the deceased, is proof of an existing duty of care and breach of that duty.