Proving wrongful death usually requires showing that another person or entity acted negligently and caused your loved one’s passing. This means you must establish four essential elements: duty of care, breach of duty, causation, and damages.
The defendant needed to owe a duty of care to the victim, failed to act as a reasonable person would have in similar circumstances, their actions directly caused the death, and dependents or survivors suffered financial or personal harm as a result.
In some cases, you may file a wrongful death related to intentional behavior as well. Our experienced wrongful death lawyer in DC can help you fight for the justice you deserve during this difficult time.
Duty of Care
In a wrongful death case, the first step is showing the defendant owed a legal duty to act with care toward the person who died. For example, drivers are required to follow road rules to protect others from harm. A doctor must provide medical treatment that meets professional standards of care.
Bosses, property owners, or manufacturers can have a duty to keep environments, equipment, or products safe for use.
Breach of Duty
Once a duty exists, you have to prove that the defendant failed to meet that responsibility. This means showing that the defendant acted unreasonably for the situation or flat out broke the law. For example, a distracted driver who runs a red light or a landlord who ignores repeated safety complaints both breach the duty they owed.
Causation
Establishing causation means linking the breach of duty directly to your loved one’s death. It’s not enough that the defendant made mistakes – their choices or actions must have actually resulted in the fatal harm.
For example, proving an unsafe surgical method caused a patient’s death (not a preexisting condition) or showing a company’s faulty scaffolding was the main reason for a deadly fall.
Damages
Finally, in wrongful death claims, you must have real, measurable losses traced to the tragic incident. This might include medical and funeral bills, the deceased’s lost future earnings, and non-financial damages like loss of family companionship, parenting, or emotional guidance.
Evidence Used to Build a Strong Wrongful Death Case
The most important part of filing a successful wrongful death lawsuit is collecting and presenting the right evidence. Personal injury lawyers typically use the following to help build your case:
Incident Reports and Police Records
Incident reports and police records are helpful in showing what happened, who was present, and when the accident occurred. Law enforcement will usually provide an objective account of what happened. If the accident happened in a public place or while at work, incident reports are an important part of the case.
Medical Records and Autopsy Results
Complete records show the cause and extent of injuries, directly supporting how the defendant’s actions led to the deceased’s death. Autopsy reports can show how the death occurred and provide evidence of negligence.
Eyewitness Testimony
Statements from people who saw the incident can help clarify what happened and may be able to provide details that those involved in the accident may not have noticed or may not want to share because they’re worried about liability.
Expert Witnesses
Many cases require expert witnesses to help explain complicated details of the case to the judge, jury, or insurance adjuster in a way that they can understand it. This could be medical experts, economic experts, or accident reconstruction experts, for example.
Building a wrongful death case isn’t easy, which is why it’s important to get the help of a lawyer as soon as possible. If your family has suffered a tragic loss, contact us for help and to schedule a free, private consultation about your options.