Determining Liability in Wrongful Death Cases: Key Factors

At Calvert Law Firm, we recognize the profound effect these cases can have on families, and we are dedicated to navigating the intricate process of determining liability with empathy and expertise. This blog post will shed the light on the key factors in assessing liability in wrongful death cases.

Legal Basis for Wrongful Death Claims

Wrongful death claims are rooted in the premise that the deceased's demise was a result of someone else's negligence or intentional misconduct. Calvert Law Firm specializes in untangling the legal intricacies of establishing liability in these cases, ensuring families clearly understand their rights.

Establishing Duty of Care

One of the fundamental aspects of determining liability is establishing a duty of care. This commonly refers to the legal obligation one party has to act responsibly and avoid causing harm to others. We can meticulously examine the incident's circumstances to ascertain whether the responsible party owed a duty of care to the deceased.

Breach of Duty

Once the duty of care is established, the next critical factor is determining whether there was a breach of that duty. At Calvert Law Firm, our experienced legal team can thoroughly investigate whether the responsible party failed to uphold their duty, whether through negligence, recklessness, or intentional misconduct.


Proving a breach of duty is not sufficient on its own; there must also be a direct connection between the breach and the resulting harm. This element is known as causation. We employ a meticulous approach to establish the causal connection between the breach of duty and the wrongful death, drawing on expert opinions, evidence, and legal precedents.


In wrongful death cases, damages refer to the losses suffered by the surviving family members as a result of the death. We can work diligently to assess and quantify these damages, considering both economic and non-economic factors. Our goal is to ensure that the compensation sought reflects the true extent of the impact on the family.

Wrongful Death Statutes

Navigating the legal landscape of wrongful death cases requires a deep understanding of state-specific statutes. We are well-versed in the statutes governing wrongful death claims, ensuring that every aspect of the case aligns with the relevant legal framework.

Insurance Considerations

In many cases, liability insurance plays a crucial role. We can conduct a comprehensive review of insurance policies to determine the coverage available and how it may impact the course of the case. This meticulous approach ensures that all potential sources of compensation are explored.

Expert Witnesses and Testimonies

Expert witnesses often play a pivotal role in establishing liability. We can collaborate with a network of qualified experts who can provide authoritative opinions on the circumstances surrounding the wrongful death. Their testimonies add credibility to the case and strengthen the argument for liability.

Determining liability in wrongful death cases is a nuanced and challenging process. At Calvert Law Firm, we approach each case with a deep commitment to justice and a profound understanding of the emotional toll it takes on families. We navigate the complexities of these cases with precision, ensuring that every key factor is thoroughly examined to provide families with the legal support they need during difficult times.

Contact Calvert Law Firm today to schedule a consultation!