Providing legal representation for personal injury, car, truck & motorcycle accidents, fatalities & wrongful death in Prince William County, Virginia & the surrounding area.

What Evidence Is Required in a Wrongful Death Case?

To grieving family members, the sudden loss of a loved one might always seem “wrongful.” Yet, a wrongful death is one that meets certain criteria as defined by tort law. The law provides for compensation for surviving family members of individuals who were killed through the negligent or reckless actions of another party. A common example is a fatal motor vehicle accident. If you’ve lost a loved one in a crash, contact a wrongful death attorney right away. Although no amount of compensation can bring your loved one back, accident attorneys can help you obtain justice on his or her behalf.

Burden of Proof

In a civil lawsuit, the burden of proof lies with the plaintiff. This means that it is the responsibility of your accident injury lawyer to prove that the defendant is responsible for your loved one’s death. However, unlike in criminal courts, it is not necessary to prove liability beyond a reasonable doubt. Instead, your lawyer must prove negligence by a preponderance of the evidence. In other words, the evidence against the defendant must convince the jury that it is more likely than not that the defendant is liable.

Duty of Care

Evidence in a wrongful death lawsuit must prove certain elements, including duty of care. Duty of care simply means that the defendant owed a duty of care, such as the responsibility to operate the motor vehicle safely. Next, the attorney must prove that the defendant breached this duty of care, such as by driving while intoxicated or running a red light.


Lastly, the wrongful death attorney must demonstrate that the defendant’s breach of the duty of care directly led to the death of the victim. In other words, an individual cannot be held liable for running a red light if that action did not result in any losses.

Grieving families will find the dedicated legal advocacy services they need at the Auto Accident Law Firm of Kevin Paul Childers. With more than 25 years of courtroom experience, our wrongful death attorney located in Manassas, VA will fight tirelessly for justice on behalf of your lost loved one and your family. To set up a complimentary consultation with our wrongful death attorney, you can call (703) 330-6300.

Categories: Wrongful Death

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