Proving the Four Elements of Wrongful Death

Losing a loved one is the single most devastating thing you will ever go through, and nothing can change that. When a loved one is killed because of someone else’s negligence, it’s even worse. While nothing can take away the pain of losing someone to illness or old age, knowing the death of someone you care for deeply could have been avoided if someone had done their job correctly is a pain much deeper. If you suspect someone you love lost their life due to a wrongful death situation, it’s time to visit this website to find out more about wrongful death suits and how you can file one. There are four major factors in any wrongful death suit, and each one is imperative if you plan on filing a lawsuit.


The first element you’re required to prove in a wrongful death case is negligence. You must be able to prove your loved one died because someone else did not correctly perform a task, do their job, or keep them safe. This could be due to recklessness, carelessness, or any other actions that are negligent by a certain party. For example, a loved one killed in a car accident caused by a drunk driver was killed because the other driver was reckless and careless.

Breach of Duty

Can you prove your loved one’s death was committed to someone who owed your loved one a certain duty of care? In the same example used above, drivers on the road owe other drivers on the road the duty of care to follow the rules, the law, and the requirements stated by the law.


This is the part where you’re required to prove the actions or lack of action of another caused the death as well as how it caused the death. In the above example, the defendant caused the death of your loved one by driving under the influence, breaking the law, and not performing their duty of care.


Damage is the financial aspect of a wrongful death case. You must seek damages during a lawsuit that fall somewhere in the category of funeral expenses, hospital bills, lost wages, and other pain and suffering you are suffering as a result of this death. This is the financial payout you’re seeking by filing a lawsuit against someone you believe caused the wrongful death of your loved one.

Wrongful death is a very touchy subject. This is the kind of case it’s difficult to prove without an attorney present, and it’s the kind of case you must find the correct legal help. With the help of an experienced accident and wrongful death attorney, it’s easier to prove each aspect of the case. It’s during this time you are grieving, and your time is better spent with your loved ones as you all process what’s happened to the person you love. It’s time to let the professionals do their job to help you so you have time to properly grieve.