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How do you prove a wrongful death case?

| Feb 7, 2020 | Wrongful Death |

Wrongful death lawsuits are not criminal cases. According to Harvard Law School, this is so because they require a lower burden of proof. For these lawsuits, you can win with a preponderance of the evidence, unlike proving guilt beyond a reasonable doubt. 

Proving wrongful death often takes a lot of steps, which can be time-consuming. Some of the most common actions are strategy development, getting expert opinions, claim investigation, finding witnesses, and researching the tort law. For this lawsuit, you will have to make demands, go for mediation, and find a reasonable settlement. If the first argument is unsuccessful, you have the right to take the case to trial. 

For wrongful death cases, you do not need to think about the quantity of evidence. All you need to consider is the quality and credibility of the evidence. You must, therefore, find all the evidence and witnesses to make a solid argument. 

It would help if you also showed that they did not get their due duty of care. The duty of care means that everyone needs to act with diligence to keep other people safe and not harm them. If you can prove that the accused did not exercise a duty of care, then you have a case to answer. 

It would be best if you also showed that the plaintiff was involved directly in the issue. Sometimes this can be hard, especially where some equipment was in use. Issues of manufacturer defects and broken tools also come to play. The victim must not have gotten fatal injuries before coming into contact with the defendant.