What Evidence Is Needed To Prove Wrongful Death?

Dealing with the death of a loved one is challenging enough. Bringing a wrongful death lawsuit because a wrongful act caused their death brings a whole new dimension to the loss. Sometimes, you can get a wrongful death settlement or jury award to compensate your family for the financial loss. Although this will never replace your loved one, receiving compensation through the wrongful death legal process can help. However, to recover damages, you’ll need evidence proving wrongful death.

We discuss what evidence you need to prove wrongful death. Such evidence includes medical records, witness statements, financial documentation, photographs, and expert testimony. An experienced wrongful death attorney can help you gather evidence and build your case.

Establishing Negligence or Intentional Harm

Before your wrongful death lawyer gathers evidence, they’ll likely make sure your case meets basic procedural requirements. They will make sure it’s within the statute of limitations and that the proper party is bringing the case.

Standing To Bring a Wrongful Death Claim

The person filing the lawsuit might need to show that they have standing under state law to bring the case. Only certain people have standing to bring a wrongful death case.

Generally, the following surviving family members have standing to file a wrongful death case:

• Children
• Surviving spouses
• Domestic partners

In some states, such as Wisconsin, only an estate’s personal representative can bring a wrongful death case.

Elements of a Wrongful Death Claim

You must establish a defendant’s negligence or intentional harm for a successful wrongful death claim. To establish a wrong death claim, the person bringing the case must prove that the at-fault party was negligent or reckless. That is, the at-fault party’s actions were the cause of death.

The burden of proof in a wrongful death case rests with the party bringing the case. The plaintiff must prove, by a preponderance of the evidence, that the person died as a direct result of the decisions made by another person or entity.

For instance, the family of someone who died during surgery must show that a medical professional’s recklessness or negligent actions during the surgery caused the decedent’s death. It may also be possible to show that hospital policies led to a person’s death.

The plaintiff must also show the actions were negligent. For example, say that a surgeon fails to remove an infected organ. The surgeon may be negligent if the infection spreads and causes the patient’s death. Negligence may also occur if a health care provider leaves objects in a patient, resulting in their death. Generally, negligence happens when a defendant takes action that the person knows or should have known could lead to harm.

For negligence, there must be:

• Duty of care owed to the decedent
• Breach of duty
• Causation
• Damages

The loved one’s death must cause a financial loss to the family. Otherwise, there’s no basis to file a wrongful death case.

Potential Damages in a Wrongful Death Case

Monetary losses in a wrongful death case could include any of the following:

• Loss of income
• Loss of health benefits through the deceased person’s employer
• Burial costs
• Funeral expenses
• Burial expenses
• Medical expenses
• Medical bills
• Any other actual or indirect losses experienced

Wrongful death cases have many types of damages available to plaintiffs. In addition to financial compensation for economic losses, surviving family members may also be entitled to financial support for non-economic damages.

For example, surviving family members can get financial compensation for the loss of companionship from losing a loved one.

Evidence Needed To Prove Wrongful Death

Whether the wrongful death case resulted from a car accident, medical malpractice, product liability involving defective products, or any other matter, you need strong evidence to support your case. The following types of evidence are typical for meeting the burden of proof in wrongful death cases:

• Medical records and autopsy reports: When a legal case involves death, medical records and autopsy reports can provide objective proof of the defendant’s negligence or intentional acts.
• Eyewitness accounts and testimonies: Witness statements can be valuable in a wrongful death case. Credible eyewitness accounts and testimonies can serve as powerful evidence and support your theory of the case.
• Expert witnesses: Most wrongful death cases are incredibly complex. So, expert witnesses typically provide specialized knowledge and expertise. Their opinions help establish causation and answer whether negligence caused your loved one’s death. They play a critical role in effectively presenting critical evidence to meet the burden of proof in a wrongful death lawsuit.
• Documentation and other physical evidence: Documentation plays a crucial role in wrongful death cases. Police reports, incident reports, reconstruction analysis reports, employment records, photographs, and videos can help objectively prove the defendant’s negligence or intentional torts. Documentation and other physical evidence can help establish that you’re entitled to damages.

Gathering and Preserving Evidence

The insurance company representing the defendant will likely begin investigating the case as soon as possible. You need to get on the case, too. Any evidence relating to the wrongful death must be preserved. This prevents evidence from being lost or destroyed. It also allows you to build your case. An experienced wrongful death attorney can also help you.

Work With an Attorney in a Wrongful Death Case

Contact an experienced wrongful death attorney. They can explain your legal rights and guide you through the legal process. Your lawyer will gather evidence and build a strong case on your behalf. Having the best legal representation for your case can significantly impact the outcome of your case and the compensation you receive.

Most personal injury lawyers will provide a free case evaluation. So, get started today.