What is the Burden of Proof in a New Jersey Wrongful Death Claim?
To win a wrongful death claim in New Jersey, the personal representative of the decedent’s estate must show that the defendant’s actions, whether they were negligent, willful or reckless, “more likely than not” caused the fatality. In other words, there is more than a 50-50 chance that the defendant is responsible. This legal standard of proof, known as a “preponderance of the evidence,” is significantly lower than the “beyond a reasonable doubt” standard used in criminal cases.
This distinction is important because many families mistakenly believe they cannot pursue a wrongful death lawsuit if criminal charges were never filed or if a criminal case ended in acquittal. Civil wrongful death claims operate under entirely different legal standards than criminal prosecutions.
Along with the higher burden of proof, many criminal charges also require the prosecutor to demonstrate specific intent on the defendant’s part. If prosecutors believe the available evidence cannot satisfy the elements required for conviction, they may decline to pursue charges even when serious questions remain about how the fatality occurred.
A wrongful death lawsuit, however, does not require plaintiffs to eliminate every possible alternative explanation or prove the defendant committed a crime. Even when there could be an alternative explanation, if sufficient evidence shows that the defendant broke the law or engaged in reckless or negligent behavior, the decedent’s estate could prevail in a civil action. Evidence that may help support a wrongful death lawsuit in New Jersey includes the following:
- Police reports
- Witness statements
- Expert testimony
- Forensic evidence from a crime scene
- Medical documentation
- Autopsy reports
- Security camera footage
- Employment records
- Financial records, including medical bills and funeral invoices
The support of a wrongful death attorney can help plaintiffs collect and preserve evidence as they seek a measure of justice following an untimely fatality. An attorney can also assist with documenting the economic and non-economic losses that families sustain after a tragic death.
Kevin T. Kutyla, Esq. represents plaintiffs in wrongful death litigation in Morris and Sussex counties, as well as other parts of New Jersey. Schedule an initial consultation by calling 973-940-8970 or contacting me online. My offices are in Succasunna, Vernon and Newton.