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The sudden loss of a loved one is devastating, and the pain is only compounded when someone else’s negligence or recklessness causes that loss. In the face of such a tragedy, you may feel overwhelmed, unsure of how to move forward, or even uncertain about your legal rights.

While nothing can undo the heartbreak, a wrongful death lawsuit can provide justice, accountability, and financial stability for your family during this difficult time.

You’re not alone if you’ve found yourself asking, How do you prove wrongful death? Many families face this question while seeking answers and closure.

Understanding what’s required to prove a wrongful death case can help you take the first steps toward holding the responsible party accountable and securing the compensation you need.

What Is Considered a Wrongful Death?

Wrongful death occurs when someone’s life is taken due to another party’s negligence, recklessness, or intentional actions. Unlike criminal cases, which seek to punish the wrongdoer, a wrongful death lawsuit is a civil claim designed to compensate the deceased’s family for their losses.

For example, a wrongful death case might arise from situations such as fatal car accidents, medical malpractice, or workplace injuries.

These cases focus on proving that the death resulted directly from the defendant’s actions—or failure to act—and that the surviving family members have suffered measurable harm as a result.

How Do You Prove Wrongful Death?

The heart of any wrongful death lawsuit lies in proving the responsible party’s fault. To do this, you must establish four essential elements:

  1. Duty of care. First, you must show that the defendant owed the deceased a duty of care. For instance, the law requires drivers to operate their vehicles safely and doctors to provide competent medical treatment to their patients.
  2. Breach of duty. Next, you must demonstrate how the defendant failed to meet their duty of care. This breach could involve reckless driving, medical negligence, or ignoring safety regulations in the workplace.
  3. Causation. It’s not enough to prove a breach of duty—you must also link the defendant’s actions directly to your loved one’s death. For example, medical records or accident reports may show how the defendant’s actions caused fatal injuries.
  4. Damages. Finally, you must establish the financial and emotional losses suffered by the deceased’s family. Examples of wrongful death damages include expenses for medical treatment and hospitalization for the injury that resulted in death, loss of financial support, and loss of companionship.

Building a strong case requires clear evidence for each element, which is why it is crucial to work with a knowledgeable attorney.

Evidence Needed to Prove Wrongful Death

Proving a wrongful death case relies heavily on evidence. The stronger your evidence, the more compelling your claim will be. Key types of evidence include medical records, accident reports, witness statements, and expert testimony.

For instance, in a car accident case, an accident reconstruction expert might be able to explain how the other driver’s negligence caused the crash.

Financial documentation is equally important to demonstrate the financial impact on the deceased’s family. Records of lost wages, future earning capacity, and other economic losses can clearly show how the death has affected your family’s financial stability.

How Does a Wrongful Death Lawsuit Work?

When filing a wrongful death lawsuit, you’ll need to navigate a series of steps that can feel complex without proper guidance. First, the claim must be filed by a legally eligible party.

From there, your attorney will work to gather evidence and negotiate a fair settlement with the responsible party or their insurance company. If they cannot reach a settlement, the case may proceed to trial, where a judge or jury will determine the outcome.

Who Can File a Wrongful Death Lawsuit in North Carolina?

In North Carolina, a personal representative of the deceased’s estate must file wrongful death lawsuits. This person is often a close family member, such as a spouse, parent, or adult child, but may also be someone appointed by the court.

Their claim is filed on behalf of the estate, and any compensation awarded goes to the estate’s beneficiaries according to North Carolina’s intestate law.

Because specific rules and deadlines govern these cases, acting quickly is essential. Consulting with an attorney immediately can help ensure your claim is filed correctly and within the legal timeframe.

What Damages Can You Recover in a Wrongful Death Lawsuit?

Wrongful death cases aim to compensate families for the tangible and intangible losses they’ve suffered. These damages can include:

  • Economic damages. Medical bills, funeral expenses, and lost income are forms of economic damages or tangible losses. For example, if the deceased was the primary wage earner, their lost future income is critical to the claim.
  • Noneconomic damages. Emotional distress and loss of companionship fall under noneconomic damages or your family’s intangible losses. These damages recognize the profound emotional impact of losing a loved one.
  • Punitive damages. In cases involving extreme negligence or intentional harm, the court may award punitive damages to punish the responsible party and deter similar behavior in the future.

Every wrongful death case is unique, so the types and amounts of damages vary depending on the circumstances.

Why You Need an Experienced Wrongful Death Attorney

Proving wrongful death requires more than evidence—it requires strategy, skill, and compassion. An experienced attorney can guide you through the process, ensuring no detail is overlooked, and your case is as strong as possible.

At Mehta & McConnell, PLLC, we understand the immense pain and challenges families face after a wrongful death. We’re committed to fighting for justice and holding negligent parties accountable.

Whether it’s gathering evidence, negotiating with insurance companies, or representing you in court, we’ll stand by your side every step of the way.

Contact Mehta & McConnell, PLLC Today

Losing a loved one is an unimaginable hardship. While no amount of money can bring a loved one back, filing a wrongful death lawsuit can help your family find justice and financial stability.

By understanding how to prove wrongful death and working with an experienced attorney, you can take the proper steps to secure your family’s future.

If you believe someone else’s negligence caused your loved one’s death, don’t wait to take action. Contact Mehta & McConnell, PLLC, today for compassionate guidance and dedicated legal representation. Let us put our decades of combined experience to work for you and your family when you need it most. 

Author Photo

Jason McConnell

Jason McConnell is the managing attorney of Mehta & McConnell Injury Lawyers, a Charlotte, North Carolina Workers’ Compensation law firm. In his free time he enjoys playing golf, cooking, traveling and following the UNC Tar Heels and Carolina Panthers.

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