How To Prove And Win A Wrongful Death Lawsuit

Jun 12, 2017 | Wrongful Death

Dealing with a wrongful death can be one of the most stressful times in a family’s life. Not only do you have to cope with the actual loss of a loved one, but, in some instances, you have to go through leaps and bounds to prove the death actually was wrongful. Because of this, it’s essential that you consult with a trusted wrongful death attorney.

In order to win a wrongful death lawsuit, you must prove these four things: Negligence, breach of duty, causation, and damages.


To prove negligence, you and the rest of the surviving members of the family need to prove that the death of your loved one was caused by the recklessness, carelessness, or negligence of the defending party.

Breach of Duty

You also must prove that the defending party owed a duty to your deceased loved one. For example, every motorist on the road owes a duty to other motorists to drive safely. Doctors owe a duty to their patients to provide competent medical care.


Not only will you have to prove what the actual duty was, you’ll also have to prove how that very same duty was breached by the defending party and how it caused the wrongful death of your deceased family member.


And finally, the death of your family member must have resulted in some kind of loss of protection, love, affection, and companionship, pain, grief, sorrow, anguish, stress, shock, and mental suffering.

Again, it’s essential that you work with an experienced wrongful death attorney to make sure you and your family get the justice you all deserve. If you want to learn more about the legal process behind wrongful death claims or speak with an experienced Phoenix wrongful death attorney or personal injury attorney, contact the Folger Law Firm today.