In both a wrongful death civil case and a criminal case, a plaintiff has to prove that the named defendant, whether they are an individual or entity, was the cause of the wrongful death. The burden of proof, however, differs between a civil case and a criminal case.
Burden of Proof in a Wrongful Death Lawsuit
A plaintiff who files a wrongful death lawsuit against an individual or entity must prove that the defendant was the cause of the wrongful death. There are four elements to consider in a wrongful death lawsuit, and each must be proven in order to have a successful claim. These elements include the following:
● Negligence - The defendant failed to act with ordinary or reasonable care. If the defendant intentionally sought to cause harm, this would satisfy the element of negligence.
● Death of another person - An individual died.
● Causation - The death was the result of the defendant's negligence.
● Damages - The death resulted in a monetary and non-monetary loss to the plaintiff. These losses include both economic and non-economic damages.
Burden of Proof in a Criminal Case
In a criminal case, a prosecutor must prove beyond a reasonable doubt that the defendant’s actions caused the death of an individual. Proving an individual's negligence beyond a reasonable doubt essentially means that when the criminal prosecution outlines the different elements of the case, the jury must be able to see that, without a doubt, the defendant was the reason the death of an individual occurred.