Burden of proof and your wrongful death case

On Behalf of Egolf + Ferlic + Martinez + Cox, LLC

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Aug 24, 2022

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Wrongful Death

Wrongful death cases are different than some, because the burden of proof falls on the plaintiff. That means that if you want to bring the case against someone, you will need to build a strong case to prove that they caused your loved one’s death.

The burden of proof is based on a “preponderance of the evidence,” which means that you need to have enough evidence to show that your claim is more likely than the argument that your claim is invalid. Essentially, if you have more than 50% of evidence in your favor, then you will win the case.

How can you build a strong wrongful death case?

Building a wrongful death case starts with determining who was injured and how they were injured. For example, in an auto accident, you’ll show that your loved one was hit by another driver. You should also show that if not for the other driver’s actions, your loved one would not have been killed.

You’ll gather evidence in the form of documentation about the collision and other driver. You’ll collect hospital documents and paperwork that shows the jury that your loved one was badly hurt by the crash, too. Doing this may be enough to show juries and judges that they can be fairly certain that the defendant is responsible for the death.

You have to focus on fault in a wrongful death case

Fault is an important topic in a wrongful death case, because the party at fault is generally responsible for the consequences of their actions. If you can show that another driver was drunk, for example, when they hit your loved one, then you may have an easier time showing how their actions led to a fatal crash. Similarly, you can focus on distractions or behaviors that show that the driver was impaired or negligent, too, if those would help your case.

Everyone’s case is different, but you can focus on proving fault to make your wrongful death claim. Your attorney will work with you to help you build a case that shows a clear link between a person’s actions and another person’s death.