Wrongful death attorney cases function much like personal injury claims with regard to liability. To collect damages in a wrongful death claim, a surviving family member of the deceased must be able to show through a wrongful death lawsuit:
- The defendant owed the decedent a duty of care.
- He or she violated that duty of care by committing negligence.
- The defendant’s negligence was the proximal cause of the decedent’s passing.
- The surviving family members suffered tangible or intangible harms as a result.