What Is Causation in Wrongful Death?
No one wants to lose a loved one. When that happens due to someone else’s negligence or wrongful act, you can take legal action to be compensated for that loss.
But to succeed with your case, you need to prove causation in a wrongful death claim. In short, you need to show that the defendant’s actions caused the death.
Here is what it means in a Maryland wrongful death case, why it matters, and how it’s proven.
Wrongful Death Claims in Maryland
Under Maryland Courts and Judicial Proceedings § 3-901, civil claims can be brought by close family members. This process allows those individuals to seek compensation for the emotional and financial losses caused by a wrongful death.
In these claims, four main elements must be proven:
- A person died
- The death was caused by someone else’s wrongful act, neglect, or default
- The deceased would have had a valid personal injury claim if they had survived
- The person filing the claim is legally allowed to do so
Along with that, causation must be proved.