Prove Wrongful Death, Typically, the Plaintiff must prove the following elements of a wrongful death case:
Duty of Care – The Plaintiff must prove to the court that the Defendant owed a duty of care to the deceased person.
Breach of Duty of Care – The Plaintiff must prove that the Defendant breached the duty of care owed to the Defendant.
What Qualifies as Wrongful Death
Wrongful death claims are brought against a defendant who has caused someone’s death, either through negligence or as a result of some intentional action. Wrongful death claims allow the estate and/or those close to a deceased person to file a lawsuit against the party who is legally liable for the death.
Who Pays in a Wrongful Death Suit
A spouse and children: The spouse receives 50 percent of the estate and the remaining 50 percent is divided equally among the children. (Grandchildren will receive a share of the estate if their parent – the deceased person’s child – died before the deceased individual.