WHAT IF THE DEATH WAS UNLIKELY CONSIDERING THE NATURE OF THE NEGLIGENCE?
The legal concept of the “eggshell plaintiff” is that you take the victim as they are, regardless of their current medical condition.
If a slight act of negligence caused the death of someone, even though the negligent act would not have killed a person in a normal state of health that is still a wrongful death case.
A surviving spouse or other heir, or the estate of the victim, can bring a wrongful death lawsuit even though the negligence was slight, but the death occurred. Proving the defendant’s negligent act caused the death of the victim is enough to establish the case.