An attorney must establish certain elements to prove negligence in a wrongful death case. They include: The at-fault individual or business had a duty to the deceased. For example, a driver has a duty to other motorists to obey traffic laws and operate a vehicle so as not to endanger others. The defendant breached their legal duty. The driver got intoxicated and drove without regard for safety. The failure to uphold the legal duty led to the death. The drunk driver’s reckless driving led to a head-on collision in which another motorist was killed.