How Do You Prove Wrongful Death?

You prove wrongful death by showing, more likely than not, that someone’s negligence or wrongful act caused the death and that the family suffered losses because of it. A death certificate helps but rarely proves fault by itself. In California and Texas the deadline to sue is generally two years (CCP 335.1; CPRC 16.003); Washington generally allows three (RCW 4.16.080).

What do you have to prove in a wrongful death case?

California allows a claim for a death “caused by the wrongful act or neglect of another” (CCP 377.60). Most of these claims rest on negligence, and California’s jury instruction lists what the family must show: the defendant was negligent, the family was harmed, and the negligence was a substantial factor in causing the harm (CACI 400). Lawyers usually break that into four parts:

• Duty. Everyone must use ordinary care toward others (Civil Code 1714). Drivers, property owners, employers and hospitals all owe it.
• Breach. Negligence is “the failure to use reasonable care to prevent harm to oneself or to others” (CACI 401). Running a red light or ignoring a known hazard are typical examples.
• Causation. The conduct must be a substantial factor in the death: more than a remote or trivial factor, though it does not have to be the only cause (CACI 430).
• Damages. The family must show what it lost, such as financial support, household services, funeral costs and the loss of love and companionship (CACI 3921).

Texas and Washington use the same building blocks. Texas makes a person liable when a wrongful act, neglect, carelessness or unskillfulness causes a death, but only if the person who died could have sued had they lived (CPRC chapter 71). Washington lets the personal representative sue for a death “caused by the wrongful act, neglect, or default of another person” (RCW 4.20.010).

How strong does the proof have to be?

The family carries the burden, and the standard is a preponderance of the evidence (Evidence Code 115). Jurors are told that a party only has to prove that something “is more likely to be true than not true” (CACI 200).

That is a lower bar than a criminal case, which needs proof beyond a reasonable doubt. A driver who was never charged, or who was acquitted, can still be found responsible in a civil wrongful death case. A criminal conviction, on the other hand, can be strong evidence for the family.

Example only: if the evidence leaves a jury slightly more convinced than not that a trucker’s fatigue caused the crash, the family has met its burden on causation. The facts of each case decide the result.

Is a death certificate enough to prove wrongful death?

Usually not. A certified death record is prima facie evidence of the facts stated in it in California (Health and Safety Code 103550), Texas (HSC 191.052) and Washington (RCW 70.58A.530). That makes it useful to prove who died, when, where and the medical cause.

What the certificate does not prove is that anyone was careless. The CDC tells certifiers that the cause of death “represent[s] a medical opinion that might vary among individual physicians” (CDC handbook). A manner of death listed as “accident” describes how the death happened. It does not assign fault, and the certificate says nothing about the family’s losses. The defense can also offer evidence that contradicts it.

Get the right kind of copy. In Washington an informational copy is not prima facie evidence (RCW 70.58A.530). In California, close family and the estate’s attorney can order an authorized certified copy; other requesters get one marked “informational” (HSC 103526). Texas copies can be ordered from the state or a local vital records office (Texas DSHS).

What evidence proves how the death happened?

Fault and causation are proven with other records:

• Coroner or medical examiner files. California coroners must investigate violent, sudden or unusual deaths, accidents and injuries (Gov. Code 27491). In Los Angeles, the Department of Medical Examiner handles suspected accidental deaths. Washington coroners take jurisdiction over deaths within one year of an accident (RCW 68.50.010). Texas requires an inquest by a medical examiner or justice of the peace into unnatural deaths (Code of Criminal Procedure chapter 49).
• Autopsy. It can show the injuries, their timing and whether drugs or a medical condition played a role. In California, the surviving spouse, or if none a child or parent, can ask the coroner in writing for an autopsy at the family’s cost (Gov. Code 27520).
• Police and crash reports. They lead to witnesses, photos and measurements. The accident reports drivers must file cannot be used as evidence at trial in California (Vehicle Code 20013) or Washington (RCW 46.52.080), so the underlying facts have to come in through witnesses and records.
• Medical records, video, phone and vehicle data, and testimony from physicians or accident reconstruction engineers who explain how the conduct caused the death.

Does the person’s own fault affect the claim?

The defense often argues that the person who died shared the blame. It has to prove that (CACI 405). The rule differs by state:

Texas counts the person who died as a “claimant” for this purpose, so their share of fault reduces the family’s recovery.

What to do now

1. Order several certified copies of the death certificate, not informational copies.
2. Ask the coroner or medical examiner for the autopsy and investigation reports.
3. Request the police or crash report and write down the report number.
4. Save photos, videos, texts and the names of anyone who saw what happened.
5. Request the medical records from every provider who treated your family member.
6. Keep funeral bills and proof of income and household help.
7. Do not give a recorded statement to the other side’s insurer.
8. Talk to a lawyer before the deadline gets close.

Talk to us

If you lost a family member and want to know whether the evidence supports a claim, call Beverly Law at (310) 552-6959 for a free, confidential case review in English or Spanish. You owe no fees or costs unless we win.

Common questions

Related pages

Personal Injury Questions · Wrongful death statute of limitations in California · How is fault determined in a car accident? · Do you need an expert for medical malpractice in Washington? · Personal injury questions · Law Blog

Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-13.