How Do You Prove a Wrongful Death Claim?

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In order to prove a wrongful death case, plaintiffs generally need to prove the following four facts:

  1. The death was caused by the defendant’s negligence, recklessness, or intentional act
  2. The defendant owed the victim a duty of care, and they breached that duty through their actions or inactions. This duty can include a doctor’s responsibility to their patients’ health, for example, or a driver’s responsibility to follow the rules of the road.
  3. The defendant’s breach of duty contributed, either in whole or in part, to the victim’s death
  4. The victim’s death generated damages that must be recovered

However, every wrongful death case is different. Make sure to consult with an experienced Louisiana wrongful death lawyer if you’ve lost a loved one due to negligence.