Proving Fault in a Wrongful Death Claim

A party who files a wrongful death lawsuit seeking financial damages from the responsible party must prove that certain elements are present in their case to prevail in court. Successful parties must prove that the responsible party had a duty to act in a certain way, failed to act according to that duty, and in doing so, injured another party, causing damages. The best way to determine whether you have a legitimate wrongful death claim is to contact an experienced attorney as soon as possible to evaluate your claim and discuss your legal rights.

Evidence in Wrongful Death Claims

In most wrongful death cases, evidence comes from witnesses who can testify to exactly what they saw or heard relating to the death. Also, documents such as medical reports, declarations from witnesses, and police reports may be valuable evidence. Expert testimony may be offered to prove complicated issues such as product liability, vehicle safety, and workplace safety. The plaintiff, who in most wrongful death cases is a surviving relative of the deceased party, must present sufficient evidence in court to convince a judge or jury to rule in their favor, while a defendant can present their own evidence in response to the plaintiff’s allegations. A judge or jury will hear the evidence and issue a verdict in the case.

Preponderance of the Evidence

In wrongful death lawsuits and most civil cases, the plaintiff must prove that the defendant is responsible for the plaintiff’s injury by a preponderance of the evidence. A preponderance of the evidence simply means it is more likely than not that the defendant’s actions were responsible for the victim’s injuries. The civil preponderance of the evidence burden proof has been described as being proof of liability by a margin of at least 51 percent to 49 percent. It should be noted that civil courts have a lower burden of proof than criminal courts, where most evidence and guilt must proven “beyond a reasonable doubt.”

Judge or Jury Trial

While many civil lawsuits are settled in pre-trial negotiations, some cases cannot be resolved between the parties and must go to a judge or jury for a trial. In most states, a civil jury does not have to reach a unanimous verdict as is required in criminal trials; only a simple majority of jurors is required to prevail in many civil courts.

Contact a Wrongful Death Attorney Today

To find out what must be proven to prevail in court on a wrongful death claim, contact an experienced, knowledgeable wrongful death attorney today.