Ryan Zavodnick | August 31, 2025 | Wrongful Death
According to the Bicycle Coalition of Greater Philadelphia, 125 people lost their lives due to Philadelphia crashes in 2024. A fatal car accident is one example of a situation that might lead to a wrongful death lawsuit, and there are many other possibilities to consider. Essentially, any fatal, preventable accident could potentially lead to this type of lawsuit. Other examples might include medical errors, slips and falls, and product malfunctions. Grieving families who wish to proceed with legal action often ask themselves the same question: “How do you prove wrongful death?” The answer lies with various legal concepts, including “negligence,” “duty of care,” and “preponderance of evidence.” While these terms might seem confusing to the average person, they may be easier to understand with guidance from an experienced wrongful death attorney in Philadelphia. Consider continuing this conversation by contacting Zavodnick & Lasky at (215) 774-6467.
The Four Elements of Negligence
At its core, a wrongful death lawsuit follows the same basic rules as other personal injury cases. The goal of every plaintiff in this situation is to establish something called “negligence.” This legal concept refers to the “fault” of the defendant. If a grieving family establishes negligence, they can hold the defendant “liable” for their damages. Negligence has four “elements” that plaintiffs must prove when pursuing compensation for wrongful death.
Duty of Care and Breach of Duty
The first two elements of negligence are “duty of care” and “breach of duty.” A defendant might owe a defendant a “duty of care” in various situations. Essentially, this means that the defendant has a legal obligation to protect the safety of others. For example, a motorist owes everyone else a duty of care as soon as they get behind the wheel. They are expected to drive in a safe manner while respecting the rules of the road. A shopkeeper also has an obligation to keep their premises clear of walking hazards, such as spills or debris. A doctor owes all of their patients a duty of care, and they must avoid making serious medical errors.
A breach of duty occurs when a defendant fails in their duty of care. A motorist might breach their duty of care after driving intoxicated and causing a crash. A shopkeeper might breach their duty of care by failing to clean up a carton of spilled milk and allowing an elderly customer to fall. A doctor might make the same mistake by leaving their scalpel inside the body of a patient during a botched surgery. In the context of wrongful death lawsuits, these mistakes are always fatal. When asking “how do I prove wrongful death,” families might want to review these concepts with Zavodnick & Lasky.
Causation
Causation is the third element of negligence, and it represents a “cause-and-effect” relationship between the breach of duty and the fatal accident. A defendant may have made a mistake, but this mistake only represents negligence if it leads directly to an accident. For example, a drunk driver might have swerved out of their lane before regaining control. If a fatal collision occurs between two different vehicles two minutes later, it may be difficult to establish causation. If a shopkeeper fails to clean up a spill in aisle three before a fatal fall occurs in aisle two, it may also be challenging to establish causation.
Damages
The final element of negligence is “damages.” In order to receive compensation for a fatal accident, families must clearly establish that they have experienced legitimate losses. Many of these damages are easy to establish, and perhaps the clearest example is the cost of a funeral. According to the National Funeral Directors Association, the average cost of a funeral in Philadelphia is over $8,300. Families also face lost income after fatal accidents, especially after the passing of a primary breadwinner. If the decedent received extensive treatment before passing away, the family may be left with considerable medical debt. Non-economic damages represent the emotional and psychological losses associated with fatal accidents. Families need to prove that all of these damages are legitimate in order to pursue fair compensation.
Families Must Show a Preponderance of Evidence
In all personal injury lawsuits, plaintiffs shoulder the burden of proof. In other words, the defendant does not need to prove that they are innocent. Instead, the family of the deceased victim must meet a certain threshold when presenting compelling evidence of negligence. This threshold is called a “preponderance of evidence,” and it generally represents a likelihood of more than 50 percent. In other words, a grieving family must show that the defendant “more likely than not” caused the fatal accident.
Grieving families can attempt to achieve this goal in various ways, and the most appropriate strategy depends entirely on the specifics of each case. If the wrongful death lawsuit involves a fatal car accident, relevant evidence might include Breathalyzer results, dashcam footage, eyewitness accounts, and cell phone metadata. If the case involves a fatal head injury caused by a slip-and-fall, relevant evidence might include store surveillance footage and written company policies.
Wrongful Deaths Involving Medical Malpractice Can Be More Challenging to Prove
Negligence can be more challenging to prove in cases involving fatal medical malpractice. Generally speaking, courts believe that certain medical errors are unavoidable. As a result, wrongful death lawsuits of this nature might be difficult to win after doctors make somewhat minor mistakes. To establish negligence, plaintiffs may need to show a “major deviation” from standard medical procedures and norms. This is something families might want to discuss in more detail with experienced medical malpractice lawyers.
Discuss Wrongful Death Cases With Zavodnick & Lasky
While all grieving families face the same burden of proof and basic legal procedures, each case is slightly different. Those who ask, “How do you prove wrongful death?” should consider the specific circumstances of their situations. Different cases require different kinds of evidence, and online research may not provide the detailed guidance many grieving families seek. These families may find that a consultation with an experienced wrongful death attorney in Philadelphia offers more personalized guidance based on the specific factors at play. To explore these subjects further, consider contacting Zavodnick & Lasky at (215) 774-6467.
