How is causation proven in a wrongful death claim?

Causation is an important element in a wrongful death claim in North Carolina. To prove causation in a wrongful death claim, the plaintiffs must show that the defendant’s conduct was the cause in fact and cause in law of the death. Cause in fact is defined as the actual cause of the death. This can be established by showing that the defendant’s conduct was the direct and proximate cause of the death, which means that the death would not have occurred but for the defendant’s conduct. Cause in law requires the plaintiffs to prove that the defendant’s conduct was a substantial factor in causing the death. This means that the defendant’s conduct was a necessary element in bringing about the death, even though other factors may have contributed to it. In addition, the plaintiff must also prove that the defendant’s conduct showed a disregard for the rights and safety of the person who died. The plaintiff must show that the defendant knew or should have known that the conduct was dangerous and would likely cause the death of the person. To prove causation in a wrongful death claim, the plaintiff must present evidence that shows the defendant’s conduct was the direct and proximate cause of the death, that it was a substantial factor in causing the death, and that the defendant knew or should have known that the conduct was dangerous and would likely cause death.

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How is causation proven in a wrongful death claim?

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