What Are the Elements of a Wrongful Death Case?

Personal Injury & Car Accident Attorneys Serving Fort Myers and Naples, Florida, as well as Atlanta, Georgia

Posted: August 31, 2023

Wrongful death case wrongful death case arises when a person’s death is a direct result of someone’s wrongful act or negligence. This is a difficult thing to deal with without legal help because, after the death of a loved one, you are looking to grieve and remember that person. The last thing on your mind is trying to handle legal issues. 

The Kelleher Law team can help take the weight of the legal system off of your shoulders, so you can grieve in peace. 

Elements of a Wrongful Death Case 

Some elements have to be proven to present a sound wrongful death case. These elements are: 


You must be able to prove that the defendant was negligent in their responsibilities and that the death was directly a result of their negligence. The defendant can be found liable even if they are only partially responsible for the negligence. 

Breach of Duty 

Your lawyer will work to prove that the defendant breached the duty of care that they owed to the victim. And they must prove that this breach of duty resulted in wrongful death. 

Causation to Victim 

You must be able to prove that the negligence that the defendant exercised is the cause of the victim’s death. It must be proved that they were either partially or solely responsible for the death. 


You and your lawyer must be able to prove that the wrongful death has caused measurable damage to you and the rest of the victim’s family. 

Kelleher Law Is Here To Help 

Kelleher Law is a leading personal injury firm with offices in Naples, FL, Fort Myers, FL, and Atlanta, GA. We are dedicated to providing exceptional legal services to our clients. We aggressively pursue the maximum compensation for the injuries and traumas you or your loved ones have endured. 

Jim Kelleher founded Kelleher Law. He has over 30 years of experience in the legal field and has recovered many multi-million dollar verdicts and settlements for clients injured due to the negligence of others. The entire team at Kelleher Law has the experience, skills, and resources to help you get properly compensated. 

We are here to help. Contact the attorneys at Kelleher Law at 833-546-3675 or fill out our contact form here to schedule a free consultation of your case.

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