When filing a wrongful death lawsuit, plaintiffs ask the courts to hold a person or business responsible for a premature, preventable death. The burden of proof is on the plaintiff bringing the claim, and they must convince the courts that the situation warrants a ruling in their favor.
Much of the litigation process revolves around gathering adequate evidence and then presenting it appropriately during hearings in court. Plaintiffs pursuing justice through civil litigation after a tragedy often need help assessing the evidence they have already collected and gathering additional documentation to support their claims. Understanding the evidentiary requirements for a wrongful death lawsuit can make the process simpler.
What must plaintiffs prove?
To bring a successful wrongful death lawsuit, plaintiffs must first show that the circumstances meet the requirements enshrined in state law. Wrongful death litigation requires proof that the death was the result of the defendant’s negligence or wrongful acts. They must have done something clearly unsafe, failed to do what was necessary for safety or violated the law.
Plaintiffs typically also need proof of their losses. The evidence of economic impact can range from medical bills and invoices from funeral homes to records of former wages to support a claim of lost future income.
The required evidence does not need to convince the courts beyond a reasonable doubt. Plaintiffs only need to show that a preponderance of the evidence, or more evidence than not, supports their claim.
Reviewing the circumstances of a tragedy with a lawyer can help families take appropriate action. Wrongful death litigation can potentially help families to financially overcome a tragedy and hold the right party accountable accordingly.