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What goes into proving wrongful death?

When a loved one passes away because of a wrongful death accident, it can be devastating to you and your household. In addition to financial support, you lost the person who supported your emotional wellbeing.

Damages from a wrongful death claim can help you make ends meet when you are struggling with your loss. While it will not replace the love and support you shared, it can help you get through the challenging time.

Here’s what courts look at for evidence of wrongful death.

The wrongful act

The first element to prove in a wrongful death case is the wrongful act. Wrongful acts could happen in situations such as:

  • Car accidents
  • Medical malpractice
  • Defective products

When someone’s negligence or reckless behavior leads to another’s death, it could be the beginning of a wrongful death claim. For example, suppose a defendant makes a defective product. In that case, they have an obligation to ensure the product is fit for its intended purpose. When that manufacturer does not fulfill that duty of care, it opens the possibility of a wrongful death claim.

Conduct that leads to death

It is not enough for someone to breach their duty of care. Their lack of care must directly cause another’s death for there to be a wrongful death claim.

In a wrongful death claim, the plaintiff must prove that the lack of care directly caused the death. Often, in an accident, there can be multiple acts that contributed to wrongful death. It is essential to look at the potential causes to determine what led to your loved one’s death.

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