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How to Prove Negligence in a Wrongful Death Case

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In Sacramento, when a death follows a crash, a dangerous property condition, or a medical mistake, most people believe that someone should have done more. The hard part is turning that feeling into proof that holds up under California law and in a Sacramento courtroom or negotiation. Understanding how negligence is actually established can help you make better choices about evidence, timelines, and whether to pursue a wrongful death claim at all.

Our team at Smolich and Smolich has spent more than 50 years representing injured people and families in Northern California. Over those decades, we have seen how fast evidence can be lost and how aggressively insurers fight these claims. In this guide, we can walk you through how negligence is proven in Sacramento wrongful death cases and what steps can protect your loved one’s story.

What Negligence Means in a Sacramento Wrongful Death Case

Negligence is a legal way of saying that someone failed to use reasonable care, and that failure caused harm. In a wrongful death case, it means a person or company did not act as carefully as they should have, and that negligence, a wrongful act, or recklessness caused a death. The law does not treat every tragedy as negligence. Some deaths are accidental in the legal sense, with no one at fault under California standards.

To prove negligence in a wrongful death claim, the victim's family must show the four elements of negligence:

  • Duty of care
  • Breach of duty
  • Causation
  • Damages

Each of these elements must be supported by evidence. In the sections below, we explain how these categories apply in real-world wrongful death cases.

Proving Duty of Care in Sacramento Wrongful Death Claims

Duty of care is the starting point in any negligence analysis. It answers the question, “Did this person or company have a legal responsibility to act carefully toward the person who died?” 

Examples of duty of care include:

  • Drivers on the I-5, Highway 99, and other streets owe others on the road the duty to follow traffic laws and drive with reasonable care. 
  • Property owners and businesses open to the public have a duty to maintain reasonably safe premises for visitors.
  • Medical providers in Sacramento hospitals and clinics have a duty to treat patients according to accepted standards in their field. 

How a Breach of Duty Turns Tragedy Into Negligence

After a duty of care has been shown, the next question is whether that duty was violated. A breach occurs when a person or company does not act with reasonable care under the circumstances or fails to meet a legal responsibility they owed to the deceased.

Examples of breach of duty include:

  • A driver who runs a red light at a busy intersection and strikes another vehicle or a pedestrian in a crosswalk. 
  • A property owner repeatedly ignores complaints about a broken stair in their apartment complex, leading to someone falling to their death.
  • A manufacturer produces a vehicle with defective brake components, and the failure of those brakes leads to a fatal crash.

Establishing Causation in a Wrongful Death Claim

Showing a breach of duty is not enough. You must also prove the negligence was a factor in causing the death under California law.

Sometimes the connection is obvious, such as a drunk driving crash that causes an immediate fatality. In other cases, like a delayed death after a fall or a patient with serious health conditions, defense attorneys may argue that something other than the defendant’s conduct caused the death.

Legally, there are two related ideas, actual cause and proximate cause. 

Actual Cause (But For Test)

Actual cause asks whether the injury would have happened “but for” the defendant’s actions.

Example: If a truck driver runs a red light and causes a crash, the collision would not have happened but for that violation.

Proximate Cause (Forseeability Test)

Proximate cause examines whether the defendant’s act or lack of action was a substantial factor in causing harm.  

Example: An anesthesiologist administers the wrong dosage of anesthesia, causing respiratory failure. 

Documenting Damages After a Wrongful Death in Sacramento

Even when duty, breach, and causation are clear, a wrongful death claim is not complete without proof of damages. In California, certain family members have the right to seek compensation when a loved one’s death is caused by negligence. This often includes spouses or domestic partners, children, and sometimes other dependents or those who would be entitled to the person’s property under state law.

It is crucial to prove that the victim's family suffered measurable damages, such as:

  • Funeral and burial costs
  • Loss of companionship
  • Medical expenses before death
  • Loss of financial support

Important Evidence in Sacramento Wrongful Death Cases

Negligence cases are built on evidence, not just beliefs about what must have happened. In the first days and weeks after a fatal incident, critical information can be preserved or lost, sometimes permanently. Understanding what evidence matters can help you protect your loved one’s case, even before you have chosen a lawyer.

Examples of important evidence in wrongful death claims include:

  • Photos or videos of vehicle positions, road conditions, lighting, signage, debris, and skid marks from a crash can be powerful. 
  • Traffic and security camera footage from around Sacramento can offer additional context.
  • Truck black boxes hold data on speed, braking, and other actions in the moments before impact. 
  • Medical records, along with coroner and autopsy reports, are essential for understanding the extent and cause of injuries.

At Smolich and Smolich, our long experience with injury claims in Sacramento has taught us where to look for these records and how quickly to act to keep them from disappearing.

Families can help by preserving the decedent’s phone and personal items, keeping all letters or emails from insurers or employers, and writing down the names and contact information of any witnesses they know about. 

Talk With a Sacramento Wrongful Death Attorney About Proving Negligence

Proving negligence in a Sacramento wrongful death case is about much more than filling in forms or repeating what you believe went wrong. It requires piecing together duty, breach, causation, and damages through careful evidence work, all while honoring the reality of who your loved one was and what their loss means to your family. Trying to shoulder that alone, on top of grief and practical worries, is a burden no one should have to carry.

You do not have to learn California negligence law on your own. At Smolich and Smolich, we draw on more than 50 years of experience. We know how to evaluate potential wrongful death cases and move quickly to preserve critical evidence. If you have questions about whether negligence caused your loved one’s death or what steps to take next, we can talk with you about your specific situation.

Call us at  (916) 571-0400 to schedule a free case review.

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