By: Monica Stevens
The family members of a deceased person can claim compensation in the event of the wrongful death of their loved one. However, as Jeb Butler of Butler Kahn Law notes, “they have to prove that the defendant was under a duty of care towards the deceased and that there was a violation of that duty, which ultimately caused the death of the person.” Owing to the high financial stakes involved for both parties, the burden of proof holds immense significance in the cases of wrongful deaths. The following passages outline a brief sketch of how the burden of proof works in a wrongful death case.
In the case of a wrongful death, the burden of proof is on the plaintiff, who can be the close members of the deceased’s family or those who are dependent upon him. The first significant element of the burden of proof in such a case is that the plaintiff has to establish that the deceased was owed a duty of care in a legal sense towards the defendant. Examples of such a relationship include product liability towards customers or car accidents.
The second element of the burden of proof in a wrongful death case is establishing that there was a breach of that duty of care. This breach could result from negligence on the part of the defendant or intentional.
The third essential element of the burden of proof is that the plaintiff must show that there is a clear link to the breach of duty by the defendant, which led to the death of their loved one. The standard for proving the causal connection between the breach of duty and the cause of death is based on “preponderance of evidence,” which means that it is more likely than not that the conduct of the defendant caused the death.
The last element of this legal requirement is that the plaintiff must prove the occurrence of damages, which could include the loss of a loved one, psychological trauma, or financial loss. The compensation amount is awarded based on the nature and extent of the damages.
Various types of evidence generally include eyewitness and expert testimony and material evidence, including photographs, videos, and forensic material, to meet the criteria for the burden of proof in wrongful death cases. Documents such as police reports and other relevant records are also critical in establishing the defendant’s liability.
Meeting the requirements of the burden of proof in cases of wrongful deaths is a complex and often arduous process, demanding a thorough examination of evidence and a compelling presentation of facts. One of the significant challenges plaintiffs face is the difficulty in providing concrete evidence that definitively establishes a direct causal link between the defendant’s actions and the death in question. This challenge is further compounded by the need to navigate through a maze of legal standards, including proving negligence, intent, or recklessness, depending on the specifics of the case.
In many wrongful death cases, the evidence available may be circumstantial or indirect, requiring plaintiffs to rely on expert testimonies, medical records, witness statements, and other forms of evidence to build a convincing argument. The complexity is heightened when the defendant’s actions are not overtly harmful or when there are multiple factors contributing to the death, making it difficult to pinpoint liability.
Despite these hurdles, meeting the burden of proof is crucial for the plaintiffs as it is the foundation upon which justice for the deceased and their surviving family members is built. Successfully meeting these legal requirements not only helps in securing compensation for the loss suffered but also plays a vital role in holding the responsible parties accountable, thereby deterring future negligence or misconduct. This pursuit of justice, though challenging, is essential in providing closure to the victims’ families and upholding the integrity of the legal system.
Disclaimer: “The content in this article is provided for general knowledge. It does not constitute legal advice, and readers should seek advice from qualified legal professionals regarding particular cases or situations.”
Published by: Martin De Juan
