A wrongful death claim arises when someone’s negligence or intentional act causes the death of another person. Understanding this burden of proof is crucial for anyone considering filing a wrongful death claim.
What is the preponderance of the evidence?
In a wrongful death case, the burden of proof is the “preponderance of the evidence.” This standard is lower than the “beyond a reasonable doubt” standard used in criminal cases. The evidence must tip the scales slightly in favor of the plaintiff’s claim.
Elements of a wrongful death claim
To prove a wrongful death claim, the personal representative of the deceased’s estate must establish several key elements by showing it is more likely than not that each is true:
- Duty of care: The plaintiff needs to prove that the defendant had a duty to act in a way that would prevent harm to the deceased.
- Breach of duty: The plaintiff must show that the defendant breached this duty through negligence or intentional actions, such as reckless driving or medical malpractice, which directly led to the death.
- Causation: The plaintiff has to connect the defendant’s breach of duty directly to the death, proving that the defendant’s actions caused the death.
- Damages: The plaintiff must show that the death resulted in specific damages, like funeral expenses, loss of income, and emotional suffering.
Proving a wrongful death claim
Navigating a wrongful death claim involves understanding complex legal standards. By carefully building your case, you can ensure that you clearly and effectively present all the necessary elements, helping to uphold the memory of your loved one and pursue justice in their name.
