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Photo of Victor C. Mitchener and Joseph H. Downer
"Photo of Victor C. Mitchener and Joseph H. Downer"

Victor C. Mitchener, Attorney

Joseph H. Downer, Attorney

What is causation in wrongful death in North Carolina?

On Behalf of | Aug 27, 2024 | Wrongful Death

Wrongful death claims occur when someone dies due to another person’s actions or negligence. The family of the deceased can seek compensation through a wrongful death lawsuit. A key element in these cases involves establishing causation. 

What is causation?

Causation has two parts: actual cause and proximate cause. Actual cause means that the defendant’s actions directly caused the death. Proximate cause means that the death was a foreseeable result of the defendant’s actions. A wrongful death claim must prove both types of causation to succeed.

Proving causation in wrongful death cases

Proving causation in a wrongful death case often requires substantial evidence. This may include medical records, expert testimony, witness statements, and other forms of documentation that establish a clear link between the defendant’s actions and the death. The plaintiff must show that the death would not have occurred without the defendant’s actions and that the death was a foreseeable outcome of those actions.

For example, if someone died in a car accident caused by a reckless driver, the plaintiff would have to prove that reckless driving is the direct cause of death. The court will examine all the evidence to determine if the plaintiff established causation.

The importance of causation in wrongful death cases

Causation is a fundamental aspect of wrongful death cases, serving as the foundation for wrongful death claims.  By thoroughly examining the events leading to the death, families can better understand their legal standing and pursue the appropriate avenues for justice. This careful analysis ensures that the court considers all relevant factors, helping to strengthen the case and support the family’s pursuit of fair compensation.