After proving your loved one’s death, you must also prove that their death was directly caused by someone else’s negligence or intentional actions. To do this, it is imperative that you show:
First, the defendant owed your loved one a duty of care. This is not usually specific to the victim only and means that the defendant, like anyone else, owed your loved one the duty to act responsibly and in a safe manner.
Second, the defendant breached this duty of care. This means that the defendant did not act in a way that was responsible. If the defendant and your loved one were at an intersection and the defendant was legally required to stop at a stop sign, but instead drove through and hit your loved one, there was clearly a duty and it was breached.
Third, you must prove that not only was there a breach of duty but that this breach of duty directly caused your loved one’s death. If from the above example, your loved one died after the defendant hit his or her car because they did not stop at the stop sign, then there is a direct cause of death.