In order to hold a defendant responsible for wrongful death, the plaintiff must prove that the defendant’s conduct was the cause of the victim’s death. To satisfy this requirement, the plaintiff must show a connection between the defendant’s conduct and the injury. The plaintiff must show that were it not for the defendant’s actions, the injury would not have occurred. The plaintiff does not have to show that the defendant was the only responsible party. For example, if the defendant’s vehicle crashes into the victim’s vehicle, pushing it into the path of an oncoming truck, the defendant will still be liable, as he or she set in motion the chain of events leading to the victim’s death.

It is important to show a continuous causal connection from the fault to the injury in a wrongful death claim. This continuous causal connection is analogous to a straight line starting from the fault to the injury. This causal connection must exist in order for the defendant to be held accountable. For example, the defendant’s vehicle crashes into the victim’s vehicle. The victim suffers from severe headaches, but he does not seek medical attention for several weeks and the hospital has difficulty in correctly diagnosing the source of the victim’s pain. The victim eventually dies in the hospital. While the hospital may be found negligent for the delay in diagnosis, the cause of death may be determined to be the victim’s failure to seek prompt medical attention, if earlier treatment would have prevented his death. In this example, the causal connection has been broken by the victim’s failure to receive medical attention.

Comparative negligence is conduct by the victim that contributed to the victim’s own injuries or death. If the decedent is found to be comparatively negligent, the amount of damages awarded will be reduced by the percentage of fault assigned to the decedent. For example, a victim is driving down a street at night without headlights. The defendant does not see the victim’s vehicle, and pulls into the path of the victim’s vehicle, killing the victim. The victim may be found comparatively negligent for driving without headlights.