What Is the Burden of Proof in a Wrongful Death?
In California, the burden of proof for a wrongful death claim requires the plaintiff (typically the deceased’s family or representative) to establish, by a “preponderance of the evidence,” that the defendant’s negligence, recklessness, or intentional misconduct directly caused the death. This standard means that the plaintiff must show it is more likely than not that the defendant’s actions were responsible for the fatal injury. If you’ve lost a loved one through the negligence of another party, you need a California wrongful death lawyer.
If you are unsure where to turn after losing a family member to a preventable accident, contact the compassionate California injury attorneys at Ellis Law. We can focus on obtaining compensation and justice for your loved one through a wrongful death lawsuit, allowing you and your family the opportunity to grieve and recover from your loss. We will make the process as stress-free as possible for you.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit that allows the plaintiff, typically the deceased’s family or representative, to seek compensation for their losses after the death of a loved one. Under California law, a death is considered wrongful if it results from negligence or intentional misconduct.
Common wrongful death claims typically arise from the following:
- Car accidents
- Truck accidents
- Bike accidents
- Motorcycle accidents
- Pedestrian accidents
- Slip and falls
- Drownings
- Defective products
- Construction accidents
- Firearm accidents
- Medical malpractice
- Criminal violence
It is possible to have a civil suit and criminal case simultaneously, although the objectives of each are different. In a civil wrongful death claim, the goal is to compensate the plaintiff for the losses the defendant has caused. In a criminal case, the state files charges against the defendant to seek punishment through prison, jail time, or other state-imposed penalties.
Understanding the Burden of Proof
In California, the burden of proof for a wrongful death claim is based on the “preponderance of the evidence”, meaning the plaintiff must demonstrate it is more likely than not that the defendant’s actions caused the death.
In criminal cases, the state must prove a defendant’s guilt “beyond a reasonable doubt,” the highest standard of proof in law. However, wrongful death cases are civil claims, which require a lower burden of proof. A wrongful death plaintiff does not need a criminal conviction to prevail; they only need to show that it’s more likely than not that the defendant’s actions caused the death.
Proving a Wrongful Death Claim
To prove negligence in a wrongful death claim, the following four elements must be established:
Duty of Care
The defendant must have owed the decedent a duty of care or a responsibility to act in a way that prevented harm. For example, a commercial truck driver must complete the necessary training, safely operate their vehicle, and obey traffic rules and laws to keep themselves and others safe on the road.
Breach of Duty
The defendant breaches their duty of care by acting with recklessness, negligence, or intentional harm. In the above example, a truck driver would breach their duty of care to operate their vehicle safely if they are impaired by drugs or alcohol.
Causation
In a wrongful death claim, causation is a critical element that requires showing a direct link between the defendant’s actions and the deceased’s death. Again, using the example above, an impaired truck driver runs a red light and crashes into a vehicle, killing the driver. The fatality is a direct and proximate cause of the defendant’s breach of duty.
Damages
Finally, it must be shown that the victim’s death resulted in compensable losses or damages. These may include funeral and burial costs, hospital bills, and lost financial support. Ellis Law’s wrongful death attorneys calculate compensation based on the surviving dependents and beneficiaries’ losses.
Evidence Required to Meet the Burden of Proof
Now that we have discussed the standard of proof to recover compensation for wrongful death in California let’s look at the evidence we use to build these claims.
- Photos and videos: Documentation from the accident site helps to illustrate how and why an accident occurred.
- Police Reports: Information recorded by law enforcement officials at the scene also helps to establish the facts of the case.
- Medical Records: These records provide a detailed account of the decedent’s injuries, treatment, and cause of death.
- Expert Testimonies: Healthcare providers, accident reconstruction experts, financial professionals, and others provide specialized knowledge to prove liability, causation, and damages.
- Eyewitness Accounts: Individuals who witnessed the fatal accident may be called to testify about what they observed.
In a California wrongful death claim, strong, well-documented evidence supports claims for compensation, including economic and non-economic damages, by showing the direct connection between the defendant’s actions and the harm suffered, thereby improving the likelihood of a favorable outcome.
How Ellis Injury Law Can Help You Build a Strong Case
For nearly 30 years, Ellis Injury Law has helped clients across California find the justice they deserve, recovering over $350 million in settlements and verdicts for victims throughout the state. Our fact-finding investigators, legal talent, and outside experts work together to gather and prepare the critical evidence to prove your case.
We negotiate on your behalf, remaining committed to protecting your interests and right to fair compensation. We are fully prepared to take your case to court if a settlement cannot be reached. Trust us to handle your case with care and compassion as we work diligently to hold responsible parties accountable under the law.
Contact Ellis Law for a Free Consultation
We offer personalized service to families and will gladly answer any questions you have regarding your legal rights. We treat all our clients like they are the most important person in the room – and that’s because they are. We want to make sure you’re comfortable sharing the details of your case with us so we can help you get the justice you deserve. Contact our California wrongful death lawyers to review the facts of your family member’s case. We offer a free consultation, so there is no cost or risk to you. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your losses.
