- Preponderance of the Evidence: What It Means
- How Does the Burden of Proof Differ in Civil vs. Criminal Cases?
Burden of Proof in a Wrongful Death Lawsuit | 770GoodLaw
When a loved one dies due to negligence or wrongful conduct, the surviving family members may file a wrongful death lawsuit to seek justice and financial compensation. However, winning a wrongful death case requires proving liability under specific burden of proof standards in civil court.
At 770GoodLaw, we help grieving families understand the legal process and fight for the compensation they deserve. Below, we explain how the burden of proof applies to wrongful death claims and how it differs from criminal cases.
What Is the Burden of Proof in a Wrongful Death Lawsuit?
The burden of proof determines which party must prove their case and the level of evidence required to succeed. In wrongful death lawsuits, the plaintiff (the deceased’s family or estate) must establish that the defendant’s negligence, recklessness, or intentional actions caused the death.
Unlike criminal cases, which require proof beyond a reasonable doubt, a wrongful death lawsuit follows a lower standard known as “preponderance of the evidence.”
Preponderance of the Evidence: What It Means
In a wrongful death claim, the plaintiff must prove that it is more likely than not (over 50%) that the defendant’s actions caused the death. This means that even if there is some doubt, the evidence must lean in favor of the plaintiff’s claim.
For example:
- If a driver ran a red light and struck a pedestrian, dashcam footage or eyewitness testimony could prove that the driver was at fault by a preponderance of the evidence.
- If a doctor failed to diagnose a fatal illness despite clear symptoms, medical records and expert testimony could establish negligence.
Because the burden of proof is lower in civil cases, wrongful death lawsuits can succeed even if a related criminal case results in acquittal.
How Does the Burden of Proof Differ in Civil vs. Criminal Cases?
Wrongful death lawsuits are civil cases, while homicide or manslaughter charges are criminal cases. The key differences include:
| Factor | Wrongful Death Lawsuit (Civil Case) | Criminal Case (Homicide, Manslaughter, etc.) |
|---|---|---|
| Burden of Proof | Preponderance of the evidence (51% or more probability) | Beyond a reasonable doubt (95-99% certainty) |
| Who Files the Case? | Surviving family or estate representative | Prosecutor or district attorney |
| Purpose | Financial compensation for survivors | Punishment (jail, fines, probation) |
| Possible Outcome | Defendant pays damages if found liable | Defendant is convicted or acquitted |
A wrongful death case can still succeed even if criminal charges are dropped or if the defendant is found not guilty in a criminal trial.
What Evidence Is Used to Prove a Wrongful Death Claim?
To meet the burden of proof in a wrongful death lawsuit, strong evidence is required. Key evidence may include:
- Medical records showing the cause of death
- Eyewitness statements from those who saw the incident
- Police reports from accident investigations
- Surveillance footage or dashcam video
- Expert testimony from accident reconstructionists or medical professionals
- Autopsy reports confirming the cause of death
At 770GoodLaw, we work with forensic experts, accident reconstructionists, and medical professionals to gather compelling evidence that strengthens your case.
What If the Defendant Claims Shared Fault?
In some cases, the defendant may argue that the deceased was partially responsible for their own death. Georgia follows a modified comparative negligence rule, meaning:
- If the deceased was less than 50% at fault, the family can still recover damages, but compensation is reduced by their percentage of fault.
- If the deceased was 50% or more at fault, the family may not recover damages.
For example:
- If a pedestrian was crossing the street illegally but the driver was speeding and ran a red light, a court may assign 30% fault to the pedestrian and 70% fault to the driver.
- If total damages are $1 million, the family would still recover $700,000 after the 30% fault reduction.
This is why proving liability with strong evidence is crucial in wrongful death cases.
Why Choose 770GoodLaw for Your Wrongful Death Claim?
At 770GoodLaw, we understand that no amount of money can replace a loved one, but holding negligent parties accountable can provide justice and financial security for surviving family members. Our firm offers:
- Aggressive legal representation – We fight for maximum compensation against insurance companies.
- Comprehensive case investigations – We gather strong evidence to meet the burden of proof.
- Trial-ready advocacy – If a fair settlement isn’t offered, we are prepared to take your case to court.
- No fees unless we win – You pay nothing upfront and only pay if we secure compensation.
If you’ve lost a loved one due to someone else’s negligence, call 770GoodLaw today for a free consultation. Let us help you pursue justice.
