Negligence is enough
While criminal actions need conclusive proof of intentional or reckless acts, a civil lawsuit only requires proof that an at-fault party’s negligent actions caused the death.
Lower burden of proof
Federal law requires attorneys in a criminal case to prove guilt beyond a reasonable doubt. However, the burden of proof in a civil case is much lower. In a wrongful death claim, you only need enough evidence to show that the at-fault party’s actions are the most probable cause of your loved one’s death.
Potential for punitive damages
In addition to economic damages in a wrongful death case, survivors may be able to collect punitive damages to punish the at-fault party.
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