As explained by Nolo in the article “Proving a Wrongful Death Civil Case,” wrongful death lawsuits allow surviving family members to seek compensation when a loved one is wrongfully killed. While each U.S. state has its own laws, many share key legal principles.
A wrongful death case is a civil lawsuit, not a criminal case—though both may arise from the same incident. One of the most important distinctions between civil and criminal cases is the burden of proof. In criminal cases, the state must prove guilt “beyond a reasonable doubt.” In civil wrongful death cases, the plaintiff must only prove the defendant’s liability by a preponderance of the evidence—meaning it’s more likely than not that the defendant caused the death.
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Article with all rights reserved, courtesy of Nolo — https://www.nolo.com