When initiating a cause of action for wrongful death all of the essential elements of the claim must be met. A wrongful death attorney must prove that the wrongdoer committed a tortious act and that the tortious act resulted in the decedent's death. Additionally, a wrongful death cause of action is sustainable if the event that resulted in the death would have entitled the decedent to maintain an action and recover damages. Finally, the cause of action may be initiated by the decedent's personal representative to recover damages on behalf of the decedent's survivors and/or the estate.

To recover damages in a wrongful death action, the plaintiff must assert that the defendant breached a legal duty of care which resulted in the decedent's death. The cause of action must allege that the defendant owed a duty to the decedent and wrongfully breached that duty.

Establishing Causation is essential to your wrongful death cause of action. A plaintiff should prove causation by establishing that the defendant's tortious conduct was either the actual or proximate cause of the decedent's death or injury resulting in death. When the defendant's conduct directly results in the decedent's death, there is actual causation. Proximate cause occurs when a defendant's conduct results in the death of the decedent due to an uninterrupted sequence of events caused by the defendant.

The Plaintiff carries the burden of proof of causation. If you fail to establish causation, the defendant will be entitled to a directed verdict. Therefore, it is essential that you choose an experienced West Palm Beach wrongful death attorney for your wrongful death case.