Like most personal injury claims, the majority of wrongful death claims are settled out of court, although some do go before a jury. The attorneys for each side will usually attempt to negotiate an equitable wrongful death settlement out of court, but if that proves to be impossible, then the plaintiff must prove the elements of the claim in order to prevail. These elements include duty of care, breach of duty of care and the causation of death. The plaintiff must prove that the defendant owed the deceased a duty of care, which is essentially an obligation to act as another reasonable person would have acted under the same circumstances. Next, the plaintiff must show the duty of care was breached—the defendant did not act in the same manner as another reasonable person would have under the same circumstances. Finally, the plaintiff must show that the defendant’s breach of duty directly caused the wrongful death. So, the plaintiff must show that the deceased person more likely than not died due to the negligence of another person.