Wrongful death lawsuits are often the result of a sudden tragedy. In some cases, a violation of the law occurred. Drunk drivers or those who physically attack other people can cause an individual’s death. In such scenarios, proof of wrongful acts or criminal behavior can help the surviving family members seek justice through a wrongful death lawsuit.
Other times, wrongful death lawsuits depend on claims of negligence. Negligent behavior on the part of an individual or business can be sufficient grounds for a wrongful death lawsuit.
How can a plaintiff prove negligence during a wrongful death lawsuit?
There is a simple standard for negligence claims
Although people sometimes think of negligence as subjective, there is a straightforward way to establish negligence in the civil courts. Specifically, plaintiffs must show that their situation meets the reasonable person standard.
If a reasonable person might agree that the situation involved negligence, then the lawsuit has a good chance of being successful. Negligence usually entails failing to do what a reasonable person recognizes is necessary for safety. Negligence could also entail engaging in conduct that others readily acknowledge increases the risk of injury or worse.
Businesses can be negligent by rushing a product through the design and testing stages to get it to market as quickly as possible. They could also be negligent by hiring unsafe workers or failing to test materials and finish products for safety and consistency. People can also be negligent through intentional actions or through omissions.
The evidence standard is lower in civil lawsuits
Filing a wrongful death lawsuit is almost always a difficult choice that follows a life-altering experience when a loved one passes unexpectedly. Sometimes people worry that if there isn’t enough evidence to justify prosecuting the other party, then there won’t be enough evidence to file a lawsuit successfully.
Thankfully, the standard for evidence in civil cases is lower than the evidentiary requirements in criminal cases. People only need to prove that a preponderance of the evidence supports their allegations rather than proving that the defendant caused the death beyond a reasonable doubt. Evidence of questionable business practices, unsafe driving habits and other forms of negligence could give rise to a successful wrongful death lawsuit.
A successful wrongful death lawsuit can provide grieving family members with compensation and can also create a secondary form of consequences for the party that caused a tragedy. Being able to identify negligence can help people evaluate whether a wrongful death lawsuit is a viable response to a particular situation.
