There are typically two ways for the courts to offer justice to those who lose loved ones. Sometimes, the state can bring criminal charges against individuals who do something inappropriate and cause another person’s death. Drunk drivers may face criminal charges if they cause a crash while under the influence, for example.
However, the state does not always have adequate evidence to prosecute people when a tragedy occurs. Families may be left grieving a preventable, senseless loss and feeling frustrated at the lack of closure that a criminal conviction could offer. Sometimes, the only option for justice is to take the matter to the civil courts.
Grieving families sometimes want to pursue wrongful death lawsuits as a way of holding a person or business accountable for causing the death of a loved one. Lawsuits may be successful when prosecution is not because the rules for evidence are different. What evidence do people need to pursue a wrongful death lawsuit?
Civil court has a lower evidentiary standard
Grieving families can often prevail in civil court even when the state declines to prosecute. Plaintiffs in wrongful death lawsuits do not need to prove that the defendant caused the death beyond a reasonable doubt the way a prosecutor would.
Instead, they need to show that a preponderance of the evidence supports their claim. If more evidence than not supports the allegations that the defendant caused the tragedy through negligence, default or wrongful acts, then it may be possible to hold them accountable in civil court. The personal representative of the decedent’s estate can file a lawsuit seeking compensation for the losses sustained because of the tragedy.
In scenarios where families want to pursue punitive damages, additional evidence may be necessary. Punitive damages are a form of punishment instead of compensation for losses directly sustained because of the actions of others. There must be clear and convincing evidence that the party responsible acted out of malice, committed an act of fraud or engaged in willful and wanton conduct.
Reviewing the details of a recent tragedy can help grieving family members determine whether a wrongful death lawsuit may be possible. Seeking justice and closure in the civil courts can be a viable option for some families.