Proving Fault in a Wrongful Death Case

  • If someone you love has been killed because of the negligence of another, you could be entitled to compensation through a wrongful death suit. To prove wrongful death, you’ll need to prove that the defendant owed the deceased person a duty of care, that he or she breached this duty, and that this breach of duty actually caused your loved one’s death.

    Wrongful death cases can be some of the most difficult to navigate alone, so it’s critical that you have a qualified legal team on your side. If you have lost a loved one in an accident, here’s what you need to know about proving fault in a wrongful death case.


    Duty of Care

    What is a duty of care? The exact definition will depend on your case, but in general, it’s defined as the responsibility to keep another person safe, whether by taking a specific action or refraining from a potentially harmful action.


    Breach of Duty

    Once a duty of care has been established, the plaintiff needs to prove that the defendant breached that duty by failing to do the things that would have kept the deceased safe. The plaintiff will need to convince the court that his or her version of events has a more than 50 percent likelihood of being true.


    Proving Actual Cause

    Next, you need to prove to the court that the defendant’s breach of duty actually caused the death of your loved one. This can be a simple matter or a complex one, depending on the facts of the case.



    In a wrongful death case, once breach of duty and actual cause have been established, damages will be awarded based on the death of the injured person.


    Contact the Law Offices of Gary S. Greenberg Today

    If you have lost a loved one because of someone else’s negligence, let the lawyers at the Law Offices of Gary S. Greenberg help you get the compensation you deserve. For a free consultation, call us at 414-271-7007 or complete the form on our website.