The estate can file a wrongful death suit to pursue financial compensation for damages. The burden of proof in these cases is usually lower than in a criminal case, meaning plaintiffs do not have to prove their allegations beyond a reasonable doubt. To win a wrongful death suit, they must simply show the defendant’s negligence.
To establish negligence, the plaintiff must prove three things:
That the defendant owed the victim a duty of care: Examples include a property owner who has a duty to keep their property free from obvious hazards, a driver who has a duty to other drivers to follow traffic signals and the speed limit, and a doctor who has a duty of care to provide a standard level of care.
That the defendant breached this duty of care: The plaintiff must show that the defendant knowingly or recklessly failed to provide this duty of care. Examples of defendants who have breached a duty of care include intoxicated drivers or a property owner failing to keep floors clear of spills.
That the breach of duty caused the victim’s death: The plaintiff must prove that the defendant’s failure to provide an expected level of care directly caused the victim’s death.