We often have clients ask us what it takes to prove a wrongful death case. The answer is typically the same as any other personal injury case - we prove that 1) someone had a duty to use reasonable care for the safety of others around them, 2) they breached that duty by either not paying attention or doing something unsafe, and 3) it caused an accident.
In a wrongful death case, we just have to prove that the accident that occurred from the breach of duty is what led to the victim’s death. It is only problematic if the victim had other health issues. That is when opposing counsel may say the injuries were not the reason or were not the only reason the person died, but a preexisting condition attributed or could have attributed to their death.If you have any questions about a wrongful death case or your personal injury claim, please feel free to reach out to us. You can call us at 407-254-4901 or text us at 407-644-4444. We are always happy to offer a no obligation, free consultation to discuss your case with you.