Guides | TorHoerman Law

Question 1

What is the burden of proof in a wrongful death lawsuit?

Accepted Answer

In a wrongful death lawsuit, the plaintiff must prove the claim by a preponderance of the evidence, meaning the evidence shows it is more likely than not that the defendant’s conduct caused the death.

This civil standard requires proof greater than 50% and is lower than the criminal standard of beyond a reasonable doubt.

To establish liability, the plaintiff must present evidence supporting each element of the claim: the death of a human being, a legal duty owed by the defendant, a breach of that duty, and causation linking the defendant’s conduct to the death.

Causation is often one of the most disputed issues because the plaintiff must show that the defendant’s actions were both the factual and legal cause of the death.

Essential evidence in wrongful death cases typically includes death certificates, official reports, medical records, witness statements, and financial documentation.

Expert testimony is also frequently required to explain complex medical issues, establish causation, evaluate future financial losses, or interpret technical evidence.

When the available evidence shows that the defendant’s conduct more likely than not caused the death and resulting damages, the burden of proof may be satisfied.

Question 2

Can a wrongful death claim succeed without eyewitnesses?

Accepted Answer

Yes.

Many wrongful death claims succeed even when no eyewitness witnessed the fatal incident.

While eyewitness testimony can be helpful, it is only one form of evidence and is not required to prove liability.

Courts routinely rely on other evidence, including medical records, autopsy findings, accident reports, surveillance footage, photographs, vehicle data, phone records, expert testimony, and other documentation that helps establish how the death occurred.

In some cases, expert witnesses play a particularly important role by reconstructing accidents, analyzing medical evidence, or explaining how the defendant’s conduct contributed to the death.

A wrongful death claim can succeed if the available evidence, taken together, proves by a preponderance of the evidence that the defendant’s actions caused the fatal injury and resulting damages.

Question 3

How long does it take to gather evidence in a wrongful death case?

Accepted Answer

The time required to gather evidence in a wrongful death case depends on how the death occurred and the complexity of the investigation.

Some evidence, such as police reports, death certificates, photographs, and basic medical records, may be available within days or weeks, while other evidence can take months to obtain.

More complex cases involving medical malpractice, defective products, commercial trucking accidents, workplace fatalities, or multiple defendants often require extensive document review, expert analysis, and formal discovery procedures.

Attorneys typically begin collecting evidence as soon as they are retained because important information can become more difficult to obtain over time.

Surveillance footage may be deleted, physical evidence may be lost, and witnesses’ memories can fade.

Medical records, autopsy findings, employment records, financial documents, and expert opinions are often gathered throughout the investigation and litigation process.

While every case is different, a thorough evidence-gathering effort often continues for several months and may extend well into the lawsuit as additional information becomes available.

Question 4

What happens if multiple parties contributed to the death?

Accepted Answer

Wrongful death cases sometimes involve more than one responsible party.

A fatal injury may result from a combination of negligent acts, such as a distracted driver causing a crash, a trucking company failing to maintain a vehicle, or a healthcare provider providing negligent treatment after the accident.

In these situations, the law allows liability to be divided among the parties based on their respective contributions to the death.

The exact rules vary by state, but each defendant may be responsible for a portion of the damages or, in some jurisdictions, the entire judgment.

Potentially liable parties may include:

Individual drivers
Trucking companies and motor carriers
Employers
Property owners
Healthcare providers and hospitals
Nursing homes and long-term care facilities
Product manufacturers and distributors
Contractors and subcontractors
Government entities responsible for roadway maintenance or public safety

Determining how fault should be allocated often requires accident reconstruction, expert testimony, medical evidence, company records, and other documentation showing how each party’s conduct contributed to the fatal outcome.

Question 5

Can a wrongful death lawsuit be filed if criminal charges are never filed?

Accepted Answer

Yes.

A wrongful death lawsuit is a civil case and can be filed regardless of whether criminal charges are brought against the defendant.

The decision to pursue criminal charges is made by prosecutors, while a wrongful death claim is brought by the deceased person’s estate or eligible family members seeking compensation for their losses.

Because civil and criminal cases have different purposes and different standards of proof, a wrongful death claim may succeed even when no criminal case is filed.

In a civil lawsuit, the plaintiff generally must prove liability by a preponderance of the evidence, meaning it is more likely than not that the defendant’s conduct caused the death.

As a result, the absence of criminal charges does not prevent a family from pursuing a wrongful death claim under applicable state law.

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