Understanding the Burden of Proof in a Wrongful Death Claim

Losing someone unexpectedly is devastating. When the loss is due to another’s actions, families deserve answers—and justice. Wrongful death claims help bring accountability when negligence or misconduct leads to fatal outcomes.

Our Overland Park wrongful death lawyer team knows that holding the responsible party accountable takes more than grief—it takes legal strategy. Understanding the burden of proof is a critical part of that process.

What Is the Burden of Proof in a Wrongful Death Claim

The burden of proof is the legal obligation to establish the facts of a case. In a wrongful death claim, the party bringing the case—typically the surviving family—must prove that the death was caused by another’s negligence, recklessness, or intentional action.

This burden differs from criminal cases, where guilt must be proven “beyond a reasonable doubt.” In civil claims like wrongful death, we only need to show liability by a preponderance of the evidence. That means showing it is more likely than not that the defendant’s actions caused the death.

In the U.S., an estimated 90,000 wrongful deaths occur each year due to medical malpractice, auto accidents, and workplace incidents.

What Must Be Proven

To meet the burden of proof in these cases, we must demonstrate the following elements:

• Duty of Care: The responsible party had a legal obligation to act reasonably.
• Breach of Duty: That duty was violated through an act or failure to act.
• Causation: The breach of duty directly caused the death.
• Damages: The death led to measurable losses for surviving family members.

Each element must be supported with solid, admissible evidence. This includes medical records, expert testimony, accident reports, and witness statements.

Mark Grover understands how to build this evidence and present it effectively.

Why Burden of Proof Matters

Wrongful death lawsuits are civil actions. The stakes are high, but the standard of proof is lower than in criminal cases. Still, meeting that standard requires precision. If even one required element isn’t established, the claim may fail. That’s why legal guidance is crucial. Timing, evidence collection, and procedural rules all play a role.

How GroverLawKC Supports Your Case

At GroverLawKC, we focus on creating a clear, compelling case to meet the burden of proof. Our legal team begins by investigating every detail of the death. We consult medical and forensic experts. We review records, gather witness statements, and identify every party that may share liability.

From day one, our legal team is committed to protecting your rights and building a case that honors your loved one’s memory.

We also prepare your family for the legal process ahead. Understanding what’s required and how the case will move forward gives you a sense of control during a difficult time.

Why Choosing the Right Attorney Matters

Our legal team has the experience and dedication to handle wrongful death claims. We focus on facts, deadlines, and most importantly, people. We understand this is more than a legal claim—it’s your life, loss, and right to justice.

We stay with you through every stage, offering clarity and consistent communication. Our experience handling wrongful death claims in Overland Park ensures your case is treated with the seriousness and care it deserves.

Our Overland Park wrongful death attorney can navigate the courts and present your story persuasively. When lives are lost, we believe those responsible should be held accountable—and we work tirelessly to make that happen.

Schedule a Free Consultation

Understanding the burden of proof is the first step in a successful wrongful death claim. Let us guide you through the process with care and commitment. Wrongful death cases are time-sensitive. Don’t wait to seek justice. Schedule a free consultation at 913-432-1000 today. Let us help you through this difficult time.