In a wrongful death case, you must prove that your loved one’s death was directly and proximately caused by the intentional, reckless, or negligent acts of another party. Put another way, a wrongful death case can be thought of as a personal injury case that your loved one could have brought for the injury or illness that killed them.

Most wrongful death cases arise from a claim of negligence. In a negligence claim, you must prove: 1) the at-fault party owed your loved one a duty of care; 2) the at-fault party engaged in acts or omissions that did not meet that duty of care, and; 3) that breach caused your loved one’s death, resulting in compensable damages.