What Is the Burden of Proof for Wrongful Death?

September 23, 2024 | By Colombo Law

It can be difficult for those who have lost loved ones to navigate the wrongful death laws in West Virginia. People who are injured due to someone else’s negligence have the right to pursue compensation for damages, but what happens when the victim does not survive their injuries?

At Colombo Law, we are proud to provide grieving families with compassionate support and aggressive legal representation in their time of need. We have an in-depth understanding of wrongful death claims and fight to maximize compensation.

Every member of our team understands how difficult it can be to recover from the loss of a loved one. Our commitment is to navigate the wrongful death laws for you so you and your family can focus on healing.

For a FREE case review with our wrongful death attorneys, call Colombo Law at 304-599-4229 today. Our lawyers serve clients in Morgantown and throughout West Virginia.

Understanding Wrongful Death Laws in West Virginia

Wrongful death laws apply to many different types of injury claims. As a basic rule of thumb, any potential personal injury claim that results in death can be a wrongful death claim. This includes:

Auto accidents
Medical malpractice
Workplace injuries
Birth injuries
Dog bites
And more

A claim must be brought by the deceased’s personal representative, which can be determined by a will or by the courts. Those who can be awarded compensation for wrongful death include:

Surviving spouses
Children
Siblings
Parents
Others who were financially dependent on the decedent at the time of death

Survivors may be entitled to both economic damages—such as funeral costs, medical expenses, loss of income, and loss of benefits (such as health insurance or inheritance)—and non-economic damages, including pain and suffering, loss of companionship, and more. In some cases, punitive damages may also be awarded in cases where a defendant acted in a grossly negligent or malicious manner.

What Is the Burden of Proof?

When it comes to the concept of proof in legal matters, most of us are familiar with criminal proceedings. That is, the notion that someone’s guilt should be “beyond a reasonable doubt” for them to be found guilty in a court of law.

In civil matters such as wrongful death, however, the burden of proof is not so severe. Instead of “beyond a reasonable doubt,” determinations of fault are made according to a “preponderance of the evidence.” This means that the evidence does not need to prove fault beyond the shadow of a doubt, but instead only show that the evidence indicates that it is more likely than not that a defendant is liable.

Hence, even if there is not perfectly clear proof that the defendant’s negligence is what ultimately caused the wrongful death, if all of the evidence indicates that this is the most likely explanation, then the defendant will be found liable for damages.

What Are the Elements of a Wrongful Death Lawsuit?

The specifics of how a particular lawsuit will unfold depend on several factors. Medical malpractice lawsuits, for example, work very differently from truck accident lawsuits. Regardless of the type of claim, however, wrongful death lawsuits always involve a few key components:

Duty of care: You must establish that the other party owed a duty of care to your loved one, such as a doctor’s responsibility to care for their patients or a dog owner’s responsibility to keep others safe from their pet.
Breach of that duty: Next, you must prove that the party with this responsibility failed to uphold it, thus establishing negligence.
Cause of injuries: You must then show that this negligence directly led to the injuries that ultimately proved fatal.
Resulting damages: Finally, you must prove that the loss of your loved one led to damages, such as loss of income, emotional distress, and more.

There is often much at stake in wrongful death claims. Working with an experienced, trustworthy attorney is critical for proving your case and obtaining the compensation you and your family deserve.

What Is Needed to Prove Wrongful Death?

As outlined above, the burden of proof in wrongful death claims requires that the plaintiff provide enough evidence to establish that it is more likely than not that the defendant’s actions resulted in the wrongful death.

The evidence needed may vary, including:

Eyewitness testimony
Physical evidence
Expert witnesses
Accident reconstruction
Medical documentation
And more

One of the reasons you should begin the claims process as soon as possible is so you do not lose crucial pieces of evidence. The longer you wait, the more difficult it can be to document how the fatal accident took place, speak with witnesses, or even determine basic facts about the case.

Is It Hard to Prove Wrongful Death?

The difficulty of proving a particular wrongful death claim depends on the unique circumstances of the case. In some situations, the burden of proof is relatively easy to achieve. This is especially the case when the defendant’s negligence is clear and there is strong evidence to support it.

In other situations, however, it can be difficult. Reasons for this could be:

Little evidence to work with
Multiple parties involved
Complicated documentation
Contradictory testimony

While these challenges should not discourage plaintiffs from pursuing compensation, it is important to be aware of the obstacles your claim may face. Regardless of how clear negligence may seem, you should expect the insurance companies to do whatever they can to pay as little compensation as possible. Because wrongful death claims are often worth a significant amount, they will typically fight much harder against them than usual.

Get Help Navigating the Wrongful Death Laws

Few things are as terrible as losing a loved one—especially when the loss was due to the negligence of another. While nothing can make up for what has been done, we strongly encourage anyone who has lost a relative due to someone else’s negligence to pursue maximum compensation for their damages.

Whether you relied on your loved one’s income to pay the bills or not, their loss will surely bring many expenses and a great deal of pain. At Colombo Law, we are here to fight for your rights and help you achieve the justice you deserve for those expenses and that pain. We provide complimentary case reviews for anyone who believes they have a viable claim, and we do not charge our clients unless and until we win compensation on their behalf.