• Evidence
• Preponderance of Evidence
• Judge or Jury Trial

In wrongful death cases, evidence must prove to a certain extent that the offending party is at fault of the wrongful death. For most civil cases, there are two different evidentiary standards: preponderance of the evidence, and clear and convincing evidence. A third stand, proof beyond a reasonable doubt, is used in criminal cases and very few civil cases.

The evidence that constitutes preponderance may not prove clear and convincing evidence, and it most certainly would not prove proof beyond a reasonable doubt. A preponderance of evidence has been described as the amount of evidence to make it more likely than not that the fact the plaintiff seeks to prove is true. To make it simple, preponderance of evidence is just a bit over 50% likely true. This type of evidence would not be able to prove a declared killer as guilty, but it could be enough to obtain civil damages from that same claimed killer. In wrongful death cases, the plaintiff must only prove that it is more likely than not that the defendant’s actions were responsible for the victim’s death.

As with most wrongful death cases, litigating the claim successfully requires an exhaustive understanding of the law and the drive to aggressively fight for what is right. Please visit our Legal Options page to decide what you can do next and how to contact a Melbourne wrongful death lawyer.