In a Georgia wrongful death lawsuit, the burden of proof rests on the plaintiff, and the standard that must be met is a preponderance of the evidence. This is the standard that applies to civil cases generally, and it is lower than the standard used in criminal cases. Understanding what the burden of proof means, who carries it, and what must be proven explains how a wrongful death case is decided.
The Meaning of Burden of Proof
The burden of proof refers to the obligation a party has to prove the facts necessary to win. In a wrongful death lawsuit, that obligation falls on the plaintiff, meaning the survivors bringing the claim. The defendant is not required to prove innocence. Instead, the plaintiff must come forward with evidence sufficient to establish each element of the claim. If the plaintiff does not meet the burden, the claim fails.
Georgia codifies the general principle of who carries the burden in O.C.G.A. Section 24-14-1, which provides that the burden of proof generally lies on the party asserting the affirmative of an issue.
The Standard: Preponderance of the Evidence
The standard of proof in a civil wrongful death case is a preponderance of the evidence. A preponderance of the evidence means that a fact is more likely true than not true. It is often described as tipping the scales, even slightly, in favor of one side. Expressed as a probability, it means the plaintiff has shown a greater than fifty percent likelihood that the disputed facts are as the plaintiff claims.
This standard is lower than the criminal standard of beyond a reasonable doubt, which requires near-certainty and is reserved for cases where a person’s liberty is at stake. It is also lower than the intermediate standard of clear and convincing evidence, which Georgia uses for certain specific issues. For the basic question of whether a defendant caused a wrongful death, the preponderance standard governs.
Because the civil standard is lower than the criminal standard, a defendant may be found responsible in a civil wrongful death case even if the same defendant was acquitted in a criminal case arising from the same death. The criminal acquittal reflects only that guilt was not proven beyond a reasonable doubt; it does not mean the lower civil standard cannot be met.
What the Plaintiff Must Prove
A wrongful death claim in Georgia is generally built on the law of negligence, and the plaintiff carries the burden of proving each element by a preponderance of the evidence.
The first element is duty. The plaintiff must show that the defendant owed a legal duty of care to the deceased person. The nature of that duty depends on the circumstances, such as the duty of a driver to operate a vehicle safely or the duty of a property owner toward people on the property.
The second element is breach. The plaintiff must show that the defendant failed to meet the applicable standard of care.
The third element is causation. The plaintiff must show that the defendant’s breach caused the death. Causation generally has two parts: that the breach was the actual cause of the death and that the death was a foreseeable result of the conduct.
The fourth element is damages. The plaintiff must show that the death resulted in compensable losses. Under Georgia’s Wrongful Death Act, found at O.C.G.A. Sections 51-4-1 through 51-4-6, the recoverable measure is the full value of the life of the deceased person, which includes both economic and intangible components.
Some wrongful death cases are based on intentional or reckless conduct rather than ordinary negligence, and in medical malpractice wrongful death cases the breach element is framed in terms of the medical standard of care, supported by expert testimony. In all of these variations, the plaintiff still carries the burden, and the governing standard remains a preponderance of the evidence.
How the Burden Operates at Trial
At trial, the plaintiff presents evidence first because the plaintiff carries the burden. Evidence may include testimony, documents, physical evidence, and expert opinions. The defendant may then present its own evidence to dispute the plaintiff’s case. The judge or jury, as the trier of fact, weighs all the evidence and decides whether the plaintiff has met the burden on each element.
If a defendant raises an affirmative defense, such as an argument that the deceased person was partly at fault, the defendant generally carries the burden of proving that defense. Georgia follows a modified comparative negligence system under O.C.G.A. Section 51-12-33. Under that system, a plaintiff who is found fifty percent or more at fault for the death cannot recover, and if the plaintiff is less than fifty percent at fault, the damages are reduced in proportion to that share of fault.
Conclusion
The burden of proof in a Georgia wrongful death lawsuit rests on the plaintiff, and the applicable standard is a preponderance of the evidence, meaning the plaintiff must show that the claimed facts are more likely true than not. The plaintiff must establish duty, breach, causation, and damages, and where a defense such as comparative fault is asserted, the defendant carries the burden on that point. Because the civil standard is lower than the criminal standard of beyond a reasonable doubt, the outcome of a wrongful death case is decided independently of any criminal proceeding arising from the same death.
Disclaimer
This article is provided strictly for general educational and informational purposes. It is intended to explain how Georgia law works as a matter of public legal education, and it does not constitute legal advice, a legal opinion, or a recommendation about any particular course of action. Reading this article, or contacting the website on which it appears, does not create an attorney-client relationship between the reader and any law firm, attorney, or author.
The law changes over time. Statutes, regulations, court rules, and judicial decisions discussed here may have been amended, repealed, superseded, or reinterpreted after the date of publication, and citations to specific code sections or cases reflect the law only as it was understood when this article was written. The application of any legal principle also depends heavily on the specific facts and circumstances of an individual matter, and outcomes vary from case to case.
For these reasons, no one should rely on this article as a substitute for advice from a licensed Georgia attorney who can review the particular facts involved. The author and publisher make no warranty, express or implied, regarding the accuracy, completeness, timeliness, or applicability of the information provided, and disclaim any liability for any action taken or not taken based on this content.