What is the Standard of Proof in a California Wrongful Death Case?
The standard of proof in the United States is typically preponderance of the evidence as opposed to clear and convincing or beyond a reasonable doubt. Because proving a case beyond a preponderance of the evidence (slight tipping of scales) is usually easier than a criminal prosecution (beyond a reasonable doubt), most wrongful death cases are handled in the civil court system. Are There Any Special Time Limits To Asserting a California Wrongful Death Case? Yes there are. Time is of the essence in many wrongful death actions. Preserving evidence and identifying defendants are key factors in many of the underlying accidents involving death cases. This requires retaining investigators and experts to commence investigations and evaluations as promptly as possible. Hiring an experienced California wrongful death lawyer therefore should not be delayed. In civil wrongful death cases, most states have a strict statute of limitations which means that court proceedings must be properly commenced
