The tragic loss of a loved one due to someone else’s negligence or intentional harm can leave surviving family members with overwhelming grief and a significant financial burden. Filing a wrongful death lawsuit allows families to seek justice and secure compensation for funeral expenses, lost income, and emotional pain. However, to win a wrongful death claim, the plaintiff must prove several key legal elements.
This guide explores the seven critical factors you must establish to succeed in a wrongful death case, detailing legal technicalities, the evidence required, and the steps needed to navigate the legal process effectively.
1. Establishing the Defendant’s Duty of Care
To file a wrongful death suit, you must first prove that the responsible party owed a legal duty of care to the deceased. A duty of care means the defendant had an obligation to act reasonably and prevent harm. The nature of this duty depends on the circumstances surrounding the wrongful act.
Examples of Duty of Care:
Medical professionals owe patients a duty to provide competent medical care.
Drivers must obey traffic laws and avoid reckless behavior.
Property owners must maintain safe premises to prevent hazards.
Employers must ensure workplace safety.
Evidence to Prove Duty of Care:
Medical records demonstrating a doctor-patient relationship.
Police reports showing the accident occurred due to a negligent driver.
Legal documents proving employer-employee relationships.
Witness statements from those present at the scene.
If the defendant owed a duty of care to your loved one, the next step is proving they breached this duty.
2. Proving the Defendant Breached Their Duty of Care
After proving a duty of care, the next critical step is showing that the defendant’s actions (or lack thereof) violated this duty. The defendant’s negligence can manifest as recklessness, carelessness, or failure to follow established rules.
Examples of Breach of Duty:
A doctor misdiagnosing a patient, leading to fatal consequences (medical malpractice).
A distracted driver running a red light and causing a deadly crash (personal injury claim)
A manufacturer failing to recall a defective product that caused a fatal accident.
Strong Evidence to Prove Breach:
Surveillance footage or video evidence capturing the incident.
Physical evidence like broken safety equipment.
Autopsy reports revealing cause of death.
Witness testimony from experts and bystanders.
Once a breach is proven, you must establish a direct link between the defendant’s negligence and the loved one’s death.
3. Demonstrating Causation: Linking Negligence to Death
Your wrongful death lawyer must clearly connect the defendant’s actions to the decedent’s passing. This element is crucial, as insurance companies often try to argue that pre-existing conditions or other factors led to the tragic loss instead. Hence, it is essential to prove negligence and tie that to the wrongful death.
How to Prove Causation:
Medical evidence from expert witnesses showing that the death resulted directly from the negligent act.
Police reports and accident reports identifying the at-fault party.
Death certificate confirming the official cause of death.
Expert testimony from professionals who analyze crash occurred conditions or hospital records.
Without strong proof of causation, the defendant’s insurance company may deny the wrongful death settlement claim.
4. Establishing Financial and Emotional Damages
A successful wrongful death action requires showing that the surviving family members suffered financial losses and emotional pain due to the wrongful death.
Common Damages in Wrongful Death Cases:
Economic Damages:
Lost income the deceased would have earned.
Medical expenses related to the fatal injury.
Funeral and burial costs.
Financial records proving lost household support.
Non-Economic Damages:
Emotional distress suffered by the grieving families.
Loss of companionship and guidance.
Psychological suffering.
Key Evidence for Damages:
Financial records proving lost wages and benefits.
Medical bills and autopsy reports.
Witness statements from family members and experts on emotional distress.
5. Identifying the Liable Party (or Parties)
In cases involving accidents, multiple parties may share liability. An experienced wrongful death attorney will investigate all parties involved to ensure all responsible parties are held accountable. However, holding multiple parties accountable can be complex, especially if comparative negligence laws apply.
Possible Liable Parties:
Negligent drivers in car or truck accidents.
Medical professionals in medical malpractice cases.
Manufacturers of faulty products.
Employers failing to ensure safety.
How to Prove Liability:
Necessary evidence such as safety violations.
Legal documents proving employer responsibility.
Relevant evidence from expert accident reconstructionists.
6. Meeting Legal Filing Deadlines
Each wrongful death claim must comply with state-specific statutes of limitations. Filing too late can lead to case dismissal.
How to Avoid Filing Errors:
Seek legal representation immediately.
Ensure all legal documents are completed accurately.
Request a free consultation with an experienced wrongful death attorney.
7. Gathering Strong Evidence to Support the Case
Your wrongful death lawyer must present compelling crucial evidence to prove the legal claim.
Types of Strong Evidence:
Medical records and autopsy reports.
Police reports and witness testimony.
Surveillance footage and physical evidence.
A solid wrongful death case depends on securing evidence that leaves no doubt about the defendant’s negligence.
Frequently Asked Questions (FAQ) About Wrongful Death Cases
1. What qualifies as a wrongful death lawsuit?
A wrongful death lawsuit is a legal claim filed when someone dies due to another party’s negligence, reckless behavior, or intentional harm. This can include fatal car accidents, medical malpractice, workplace hazards, or even criminal acts like assault. If your loved one’s death was caused by someone else’s actions, you may have the right to pursue compensation for your loss.
2. What do I need to prove in a wrongful death case?
To succeed in a wrongful death claim, you must establish these key elements:
Duty of Care – Prove the defendant’s actions fell short of their legal responsibility. (Example: A doctor must provide competent medical care.)
Breach of Duty – Show that the responsible party failed to act reasonably. (Example: A driver ran a red light, causing a fatal accident.)
Causation – Provide relevant evidence linking their actions to your loved one’s death. (Example: An autopsy report confirms the cause of death was due to medical malpractice.)
Damages – Demonstrate financial losses, such as lost wages, funeral costs, and emotional pain suffered by surviving family members.
3. How much compensation can I receive from a wrongful death settlement?
The amount varies based on the circumstances of the case. Courts and insurance companies evaluate:
Economic damages (lost income, medical bills, and funeral and burial costs).
Non-economic damages (emotional distress, loss of companionship).
Whether the defendant’s negligence was particularly reckless or intentional.
An experienced wrongful death lawyer can calculate the full impact of your loss and fight for a wrongful death settlement that reflects the financial and emotional burden.
4. How can I prove negligence in a wrongful death action?
To prove negligence, you need necessary evidence such as:
Police reports confirming liability in a car accident.
Medical records showing errors in treatment.
Witness statements from those who saw the incident.
Physical evidence (such as defective products).
Expert testimony that explains how the defendant’s actions led to your loved one’s death.
A wrongful death attorney will help gather and present this evidence in court.
5. Who can file a wrongful death claim?
Typically, the surviving family members have the right to file, including:
Spouses and domestic partners
Children (including adopted and stepchildren in some cases)
Parents of a deceased minor or adult child
In some cases, siblings or other dependents if they suffered a significant financial burden
Some states limit who can file, prioritizing spouses or requiring a personal representative, so it’s best to consult with a legal team to confirm eligibility.
6. Can I still file a wrongful death lawsuit if my loved one has a pre-existing condition?
These cases can be challenging, and strong medical evidence is needed. However, as long as the defendant’s actions contributed to their death, you can file a wrongful death lawsuit. Insurance companies often argue that a pre-existing condition, not their client’s negligence, caused the loss. However, expert medical testimony, medical records, and an autopsy report can establish that their wrongful act worsened the condition or directly led to death.
7. How long do I have to file a wrongful death lawsuit?
Each state has a statute of limitations for filing a legal claim. In most cases, you must file within two to three years from the date of death. Missing this deadline can result in your case being dismissed, preventing you from holding the responsible party accountable. To avoid errors, seek legal representation as soon as possible.
8. What if multiple parties are responsible for my loved one’s death?
Some accidents involve multiple responsible parties, such as:
A negligent act by both a driver and a vehicle manufacturer in a fatal crash.
A hospital and a single doctor both being liable for medical malpractice.
A property owner and a contractor both being at fault in a workplace fatality.
Your legal team will investigate and ensure every responsible party is held accountable for their share of the damages, however suing multiple parties and establishing liability on all their parts can be a complex and difficult process, especially if comparative negligence laws apply.
9. What should I do if I can’t afford a wrongful death attorney?
Many experienced wrongful death lawyers work on a contingency fee basis, meaning they don’t get paid unless you win your case. Additionally, some offer a free consultation to review your case and discuss your legal options. It’s best to clarify payment plans and schedules within the first consultation to avoid any surprises later. Hiring the right legal counsel for your wrongful death case is essential, ask your potential attorney these 15 questions to make a well-informed decision.
10. How can I strengthen my wrongful death case?
Building a strong wrongful death claim requires:
Collecting crucial evidence, like medical and financial records.
Working with medical and accident reconstruction experts.
Keeping track of all funeral expenses and lost income.
Filing all legal documents correctly and within deadlines.
11. How long does it take to get paid after a wrongful death lawsuit?
The time it takes to get paid after a wrongful death lawsuit depends on factors like settlement negotiations, court proceedings, and insurance company delays. If both parties reach a settlement quickly, payments may arrive in a few months. However, if the case goes to trial, it can take years. After a verdict or settlement, processing payouts may still take weeks or months, especially if appeals or structured settlements are involved. For more details, see how long it takes to get paid after a wrongful death settlement.
Seek Justice with Bourassa Law Group
Proving a wrongful death lawsuit is complex and emotionally challenging. You need an experienced wrongful death attorney to seek justice and secure fair compensation for your family’s financial future.
The Bourassa Law Group specializes in handling these difficult cases with compassion and expertise.
Contact us today for a free case evaluation to discuss your legal options and take the first step toward holding the responsible party accountable. Let us fight for your right to justice and financial recovery.
1-800-870-8910