Prove all 4 elements of your wrongful death case in court

Prove all 4 elements of your wrongful death case in court

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Losing a loved one is devastating. In the midst of trying to adjust to a sudden death from a car crash or other incident, you may also find yourself saddled with debt from the hospital and financial strain caused by the sudden loss of income. It’s often overwhelming, but you should know that there are steps you can take to resolve these issues.

One option is to pursue a wrongful death claim against an at-fault driver. Every wrongful death case is made up of four elements that you need to be able to prove. These elements include:

  • Negligence
  • A breach of duty owed to the deceased
  • A link to the cause of death
  • Damages

Proving each of these things took place will help you fight for fair compensation and a better outcome for your wrongful death case.


The first thing to do is to prove that negligence took place. This may be a result of reckless actions, carelessness or negligent acts. For example, a driver who texts while driving is being negligent and reckless, which helps prove your case.

A breach of duty owed to the deceased

Next, you have to show that the other party breached their duty to others. For example, by not obeying the traffic laws, a driver may breach their duty to be cautious for the sake of others’ safety.

A link to the cause of death

You also need to show that the accident your loved one was involved in resulted in their death. The other party’s actions need to be linked to the cause of the collision, and then that collision needs to be linked to your loved one’s death directly.


Finally, you have to show that you have damages resulting from the death of your loved one. This might include lost wages, lost financial support for the family, the cost of replacing a vehicle, funeral expenses and medical bills. These aren’t the only possible damages, so that’s something to talk about with your attorney.

If you can prove all of these elements, you should be in a good position for making a claim in court. If you need help to prove these elements in a court of law, get in touch with an experienced Westminster wrongful death attorney today.