Proving wrongful death

On Behalf of | Nov 1, 2021 | Wrongful death |

Wrongful death in Connecticut is not easy to prove, but it can be the best way to get justice in a case in which the criminal justice system has failed. Proving wrongful death requires three key pieces, and all of them need to be satisfied before being able to file an effective lawsuit.

How to prove wrongful death

The first step of proving wrongful death is the duty of care. This is a legal responsibility that one person has concerning the well-being and health of another individual. Duty of care applies to most people because all it requires is keeping an eye out for someone, not necessarily a professional relationship of care. The next component that must be demonstrated is that there was a breach of duty of care. What this means is that the defendant owed a duty of care but failed to uphold it by taking one or more actions that violated it.

Lastly, the final step is to link the cause of death to the breach of duty of care. You must demonstrate that the death was the direct result of the action that violated the duty of care rather than an illness, unrelated incident or some other cause. Without all three of these components, you cannot prove a wrongful death case.

Taking a wrongful death suit to civil court can be a good way to settle a case that did not succeed in criminal court. Sometimes, it can lead to settlements while other times it will go to trial. It always relies on those three components for the plaintiff to prove the case against the defendant in the case, who is the person being held responsible for the death in question.