How is causation proven in a wrongful death claim?

In California, a wrongful death claim must prove that the death was the result of a person’s negligence or wrongful act. The plaintiff must be able to show that the defendant’s negligence was the primary cause of the decedent’s death. In legal terms, this is known as legal "causation." To establish legal causation, the plaintiff must provide evidence that the defendant’s conduct was the proximate cause of the death. Proximate cause means that the action of the defendant had a direct connection to the death of the decedent. For example, if a driver ran a red light and struck the decedent, the death would be considered a proximate cause of the defendant’s actions. The plaintiff must also provide evidence to show that the defendant’s negligence was the actual cause of the death. This means that the plaintiff must show that the decedent would not have died but for the defendant’s negligence. This can be shown through medical evidence, eyewitness testimony, and other forms of evidence. The plaintiff must also show that the defendant’s negligence resulted in damages for the decedent. The damages must be quantifiable and must relate to the death in some way. For example, the plaintiff can seek damages for medical bills, funeral expenses, and loss of consortium. In summary, in a wrongful death claim, the plaintiff must be able to prove legal causation, actual causation, and damages in order to be successful in the claim.

Related FAQs

What is the process for filing a wrongful death lawsuit?
What are the non-economic damages that may be available in a wrongful death case?
What is wrongful death law?
Are wrongful death damages taxable?
What is a wrongful death claim in a survival action?
Are wrongful death suits impacted by state law?
Is a wrongful death claim the same as a wrongful death suit?
How much time does a wrongful death suit take to be resolved?
What are the benefits of choosing a wrongful death attorney?
How long does a wrongful death suit take to go to court?

Related Blog Posts

What You Should Know About Wrongful Death Lawsuits - July 31, 2023
What To Do After a Loved One Suffers Wrongful Death - August 7, 2023
Understanding Wrongful Death Statutes & Regulations - August 14, 2023
Finding the Right Wrongful Death Lawyer - August 21, 2023
5 Important Steps to Take When Filing a Wrongful Death Claim - August 28, 2023