What Evidence Do You Need When Filing a Wrongful Death Claim?
When a wrongful death occurs due to someone’s fault, the only way to get compensated is to prove the fault of the other party. Now, the whole responsibility of gathering proof is on the shoulders of the plaintiff. It is now the plaintiff’s burden to prove to the court that the other party is at fault for the death of their dear one.
In wrongful death cases, the standard of proof is called the preponderance of evidence. This means you must show that it’s more likely than not that the defendant’s negligence or misconduct was the direct cause of the death.
The Evidence Required In Wrongful Death Cases
With the burden of proof, the plaintiff now has to present an argument to the court that is supported by evidence. This argument will prove that the defendant/ the other party was responsible for the death of the plaintiff’s loved one. The plaintiff may also need to show that they experienced losses due to the death and thus need to be compensated on the grounds of loss suffered.
This process of proving fault with proper evidence is a tedious process especially after you have lost someone close to you. The emotional burden can be too much and during times like this gathering evidence and taking it to the court can be difficult for most people.
Therefore, the plaintiff needs the support of a wrongful death lawyer Sparks who will not only represent you in court but also present all the evidence on your behalf at the court to make sure you receive the compensation and insurance claim you deserve.
Let’s take a look at the evidence that needs to be collected to file a wrongful death claim to prove the liability of the defendant –
Medical Record
Having detailed medical records is very important to be able to link the passing of your loved one to the negligence of the at-fault party. A medical report will help the accident attorney fight your case. These records should cover:
- Results from diagnostic tests and lab work
- The doctor’s notes related to the case
- Medications prescribed and their dosages
- Medical checkups
- Notes from consultations
- Any other important details
Autopsy Report
An autopsy report provides detailed information about the specific cause of death. A wrongful death lawyer, Sparks, will carefully analyze this report to determine if negligence contributed to the fatality. If an autopsy has not been conducted yet, you might need to arrange for a private pathologist to perform one in order to determine the exact cause of death.
Photo and Video Evidence
Pictures and videos of the accident scene, damage, and injuries can act as valuable evidence to understand what caused the accident and how it was caused. If you hire an experienced accident attorney in Sparks, they will gather photographs and video evidence from witnesses, law enforcement, property owners, and other relevant sources.
Eyewitness Testimony
An eyewitness can provide strong evidence and clear descriptions of what exactly happened in the accident. These statements will help solve the puzzle piece by piece so that a clear picture can be created about the vents that led up to the accident and the death of the victim. Eyewitness testimony will be able to prove negligence on the defendant’s part.
Accident Reports
Law enforcement accident reports contain important details, such as eyewitness information, details about the accident time and place, and other information. These reports are unbiased and can be used as important evidence in court in a wrongful death case by an accident lawyer.
Expert Witness Testimony
An expert witness is someone with deep professional knowledge in a specific area. Their insights are often needed in legal proceedings, particularly in wrongful death claims. The testimony of an expert witness can play a very important role in strengthening your case and thus helping you win the case for your loved one.
Financial Expenses
A wrongful death claim aims to help you recover financial losses resulting from the death of your loved one. These losses may include medical bills incurred before passing, lost income, and other financial support. It’s essential to back these claims with solid documentation and expert testimonies.
How You Can Prove That a Family Member’s Death Was Caused By Negligence?
When you lose someone you love so dearly, be it your family member or your friend, it isn’t easy emotionally. It becomes even harder if the death was caused by the negligence of someone else. In such cases, you will have to prove negligence that led to your family member’s passing.
To do this, you will need to demonstrate that-
- Duty of Care – You will have to show that the responsible party owed your loved one a duty of care. This means that they had a legal obligation to act in a way that mas sure your loved one was safe. Which can be linked to driving the vehicle at a certain speed, following traffic rule and not being intoxicated while driving.
- Breach of Duty – The evidence presented to the court must show that this duty was violated, meaning the responsible party failed to act as they should have. Thus leading to the death of your loved one.
- Causation – Next comes the proof of a connection between the at-fault party’s negligence and your loved one’s death. Evidence must show that their actions (or lack of action) directly caused the death of your loved one.
- Damages – Lastly, the evidence of how the death resulted in measurable damages, such as emotional distress or financial loss, needs to be presented to the court in terms of financial loss, medical bills, and emotional damage.
Having solid evidence for each of these points is very important for a successful claim. An experienced accident lawyer, Sparks, can help guide you through this long process when you need support at your time of loss.
Need Help with a Wrongful Death Claim? Consult Our Compassionate Lawyers in Sparks.
If you are facing the heartbreaking challenge of filing a wrongful death claim, you don’t have to do it alone. Contact Bradley, Drendel & Jeanney Law Firm today! Our dedicated wrongful death lawyers in Sparks will support you every step of the way. Let us help you gather the needed evidence and fight for the justice your loved one deserves. Call us at 775-871-1833 for a free consultation, and let’s start building your case together.