How is causation proven in a wrongful death claim?

In Virginia, to prove causation for a wrongful death claim, one must establish that a person or entity caused the death of the deceased by negligence or intentional wrong. This means that the negligence or intentional wrong of the person or entity in question directly caused the death of the deceased, and that death would not have occurred without the negligence or intentional harm of the person or entity in question. Causation in this case must be proven by a preponderance of the evidence. This means that the plaintiff must present enough evidence to show that it is more likely than not that the death of the decedent was caused by the negligence or intentional act of the person or entity in question. The plaintiff in a wrongful death suit can prove causation by showing that the facts as presented are sufficient to prove that death was caused by the negligence or intentional act of the person or entity in question. This includes direct and circumstantial evidence. Direct evidence includes the testimony of eyewitnesses to the event in question. Circumstantial evidence includes evidence that strongly suggests that the party in question was responsible for the death, such as medical records and accident reports. In order to prove causation, the plaintiff must also show that the defendant’s actions were a substantial factor to the death of the decedent. This means that the decedent’s death would not have occurred without the defendant’s act or omission. This is a necessary element of causation in a wrongful death suit in Virginia.

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