3 Elements of a Wrongful Death Claim

3 Elements of a Wrongful Death Claim

Posted By The Maher Law Firm || 1-Dec-2017

Wrongful death claims can cover all kinds of fatal accidents, from car accidents to medical malpractice. Sometimes, a wrongful death claim can be filed over product liability issues, like a defective medical device that caused the death of an individual. Persons, companies, and governmental agencies can all be held at fault for actions that are deemed negligent or intentional. Wrongful death claims have to be filed by a representative of the deceased. This can be immediate family members, life partners, financial dependents, and putative spouses. However, in order to successfully win a wrongful death lawsuit, you will need to prove the following 3 elements.


The surviving members of the deceased will need to prove the death of their loved one was caused in part by the reckless, careless, or negligent actions of the defendant. Negligence occurs if the defendant failed to use reasonable care in the circumstances that caused the death. You will need to establish a direct link between the defendant’s negligence and your loved one's death.

Breach of Duty

To be successful in your case, you will need to prove that the defendant owed a duty to the deceased. You and your attorney will need to establish the nature of the duty and how it was breached through the defendant’s negligent actions.


In order for your claim to have merit, the death of your loved one must have resulted in quantifiable damages like: hospitalization, medical expenses, funeral and burial costs, loss of income, loss of protection, and pain and suffering.

Proving each of these elements is a complex and difficult task. This is why you should consult with an experienced attorney before filing a wrongful death claim. Contact our team of Orlando wrongful death attorneys to get help with your claim today.

Blog Home