Proximate Cause

In order to have a viable claim for wrongful death, there needs to be a display of a proximate causal relationship. Therefore, the plaintiff must demonstrate the death was a result of the defendant's negligence. The wrongful act is required to be a substantial factor in the bringing about of the death. However, if a superceding cause occurs, the chain of causation is no longer viable. As long as he defendant's negligence is a sufficient concurrent cause, it does not need to be the sole cause of the incident.

In the event of a wrongful death action resulting from suicide, proximate cause may be problematic. Liability will result if for example the negligent wrong cause a mental illness that creates impulses to commit suicide. However, it is difficult to differentiate between a mental and mental illness or insanity proximately caused by another's tortious conduct that results in an uncontrollable impulse to commit suicide. Nonetheless, as long as there is an controllable impulse applicable, the defendant will be held liable.

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