Every legal claims has specific elements that must be proven if you want a chance at winning. A negligence claim has three basic elements. First, you must establish there was a duty of care that was owed to the person who was injured. Then you must show that there was a breach of that duty (or that it was not fulfilled) and that breach caused the injuries claimed. The injuries must always be proven in any lawsuit. In wrongful death cases, however, the decedent's death is an automatic form of damages for which recovery is available if the other elements are established. Survivors of the deceased may also seek compensation for their own losses related to the untimely death of their loved one.