One common misunderstanding in all civil cases, including personal injury cases, and Ohio wrongful death cases in particular, is the burden of proof that a Plaintiff must meet to recover. As every experienced Ohio wrongful death lawyer knows. in an Ohio civil case a Plaintiff must prove all the elements of his or her case (that the other party or parties was negligent, that their negligence caused the injuries, and the extent of damages from the injuries) by a more probable than not standard. In other words, the Plaintiff meets his or her burden when the evidence shows that it is more than 50% likely, or at least 50.1% likely, that an element has been met. This burden is far less than in a criminal case where the burden is beyond a reasonable doubt.
Wrongful death claims are brought by a decedent’s surviving relatives, next of kin, or beneficiaries against those claimed to have been negligent and responsible in causing the decedent’s death. In Wrongful death claims, a unique set of laws apply in seeking to recover for the losses sustained by the decedent and his or her survivors and beneficiaries. Every state has its own unique wrongful death statutes, rules, and laws.
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