Wrongful Death Lawyer

Most lawsuits (including those for wrongful death) settle out of court. Nevertheless, you should never count on this outcome for your particular case. As a wrongful death lawyer can explain, any time you file a lawsuit, you should expect to go to court in order to present your case to a jury – no matter how slight that chance might be.

Wrongful Death Causes

A wrongful death can result from any number of causes, including the following:

  • Motor vehicle accident, such as cars, trucks, or motorcycles
  • Pedestrian accident
  • Boating or other water accident
  • Medical malpractice
  • Premises liability accident
  • Product liability accident
  • Workplace accident
  • Nursing home abuse or neglect

Wrongful Death Proof

If you do ultimately have to go to court, you will need to prove the following in order to win your wrongful death case based on the negligence of another party:


  • That the defendant owed your loved one a duty of care
  • That he or she breached this duty
  • That your loved one died as a result of this breach
  • That the breach was the proximate cause of your loved one’s death
  • That you yourself suffered compensable monetary damages as a result of your loved one’s death


Keep in mind that just because you may have to go to court does not necessarily mean that you will have to testify. Obviously your wrongful death lawyer will advise you whether or not your testimony will be required to establish the amount of your damages. Your lawyer may be able to prove the amount of damages through the introduction of written evidence, such as official actuarial tables, or through the testimony of expert witnesses, such as a doctor, accountant, etc.

Should you wind up having to testify yourself, however, there’s no need to be nervous. After all, the judge and jury are people just like you and they want to hear your story. And in the event of a wrongful death case, the judge and jury may already feel sympathetic towards you because of your loss.

Your lawyer will likely prepare you before it’s time to testify. Usually this involves explaining the questions he or she will ask you once you take the witness stand, and giving you the opportunity to collect your thoughts before answering them.

In any event, if and when your turn to testify comes, just be yourself. Listen carefully to what your lawyer asks you and answer in your own words. Then, do the same when the opposing lawyer cross-examines you.