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.

What Is Causation?

Causation is the connection between what the defendant did or failed to do and the death that occurred. In Maryland, there are two parts to proving causation:

Cause-in-Fact (The Actual Cause)

This is known as the “but for” test. In these situations, the question is asked: if “but for” the defendant’s actions, would this death have happened? If the answer is no, then the defendant’s actions were a cause-in-fact of the death.

If a distracted driver runs a red light and hits another car, killing the driver, you could make a case that it would not have happened but for the driver running that red light. That is cause-in-fact.

Sometimes, there may be more than one contributing factor. In those cases, Maryland courts ask whether the defendant’s actions contributed to the death. Even if others played a role, if the defendant’s actions were significant, that may be enough.

Proximate Cause (The Legal Cause)

This part focuses on fairness and foreseeability. Even if the defendant’s actions started the chain of events, the law only holds them responsible if the death was a reasonably foreseeable result of their behavior.

For example, if someone knocks over a candle in a crowded theater and starts a fire, it is foreseeable that people could be injured or killed. That’s the proximate cause.

However, if a completely unrelated and unexpected event happens later that leads to death, the defendant might not be responsible because the connection is not direct.

Proving Causation

When it comes to proving causation, this more than connects the dots, you’ll need strong evidence.

This includes:

• Medical records and autopsy reports
• Expert testimony, especially in medical malpractice cases
• Eyewitness accounts
• Surveillance footage of accident reconstructions

In Maryland, you do not have to prove causation beyond a reasonable doubt. The standard is called “preponderance of the evidence.”

In a wrongful death case, this often means showing that the defendant’s conduct probably caused the death, not just that it possibly could have.

Can Causation Be Called into Question?

Unfortunately, causation is not always a simple element to prove. It can get very complicated, especially in situations where:

• More than one person may have contributed to the death: In cases where multiple cars were involved in a crash, the question becomes who was responsible or if all of them were liable.
• An intervening event occurred: If something unexpected happened between the defendant’s actions and the death, like medical malpractice during emergency care, it might affect whether the original wrongdoer is still liable.
• The deceased had preexisting conditions: In medical cases, defense attorneys may argue that the death was inevitable or caused by unrelated health issues.
• There was a delay between the event and the death: If weeks or months pass between the incident and when the person dies, the defense may argue that the death was unrelated.

Losing someone you love is devastating. And while no amount of money can make things right, a wrongful death claim can help provide closure, financial support, and a sense of justice.

Causation focuses on whether someone’s actions caused this loss. In Maryland, you need an experienced wrongful death lawyer to help prove this claim. At Belsky & Horowitz, LLC, we are here to help with these difficult situations.