Wrongful Death Standard of Proof

“The standard of proof for a wrongful death attorney in most wrongful death cases is “to a preponderance of the evidence,” meaning that the finder of fact must only determine whether the evidence presented is convincing enough to link the death to an act or omission of the Defendant. 

This is in contrast to the criminal standard of “beyond a reasonable doubt,” and means that economic recovery is sometimes available even when no criminal sanction is imposed. Thus, it is typically easier to seek retribution against someone who kills a family member through a civil wrongful death action, rather than through criminal prosecution. Of course, the trick is recognizing when another person can be held responsible for a death.”