How hard is it to prove wrongful death?

The plaintiff has the burden of proof in a wrongful death lawsuit. You will need to produce evidence to prove that your loved one’s death was caused by someone else’s actions that were either careless, neglectful, unskillful, or disregarded reasonable caution.

An experienced McAllen wrongful death lawyer will know what to look for during an investigation and can seek credible evidence that supports a finding of a wrongful death.

If your case goes to trial, your attorney must prove your claim by a preponderance of the evidence to convince a jury. A preponderance of the evidence means that the Hidalgo County jurors must be at least 51 percent convinced that your wrongful death claim is more likely than not to be correct. It is a lower standard than the standard of beyond a reasonable doubt—the standard for a criminal conviction. A wrongful death lawsuit is a civil lawsuit and is filed independently of any criminal action.