What Evidence is Needed to Support Wrongful Death Damages?
Losing someone beloved is a traumatic ordeal, leaving you with emotional and mental distress. However, while nothing can replace the presence and significance of a person you lost, seeking compensation for wrongful death can help you recover the financial losses incurred from your beloved’s demise.
Wrongful death refers to the instance wherein the actions or carelessness of another person are responsible for the individual’s death. It can vary from minor vehicle accidents to complex medical malpractice or product liability claims. So, if you believe your loved one’s death is the result of someone’s negligent or reckless behavior, the surviving members of the deceased have the right to bring a wrongful death claim against the at-fault party! But for that, you need to have sufficient evidence to prove the claim.
Gathering evidence in wrongful death settlement claims is vital for:
- Determining the cause of your loved one’s passing
- Demonstrating that the other party’s negligence caused their death
- Computing the amount of damages you and your family are entitled to receive.
Unfortunately, obtaining evidence for wrongful death can be arduous. Moreover, the emotional stress and the intricacies of the lawsuit can further overwhelm the process. For an inept person, determining what evidence is necessary for a wrongful death claim and the steps to obtain it can be challenging. It’s a time when seeking assistance from an experienced personal injury lawyer in Sacramento specializing in an accident death lawsuit can be a game-changer for your case! Let’s unveil information about the requisite evidence to strengthen the case.
The List of Evidence Required to Strengthen Your Wrongful Death Claim
Birth injuries, medical malpractice, commercial truck, motorcycle, or automobile accidents, occupational hazards or exposure, product liability accidents, or any other fatal incident caused by negligence or misconduct are all prevalent causes resulting in wrongful death. Irrespective of the cause of your beloved’s wrongful death, recognizing the proofs mandated to demonstrate wrongful death claims is imperative, leading to a successful outcome:
● Documentation of Negligence
To validate negligence, your trusted auto accident attorney in Sacramento must take care of the following points and prove each of them to devise a compelling argument, increasing the odds of winning the case:
● Duty of Care
The first thing to be taken care of in a wrongful death claim is that the defendant owed a duty of care to the deceased. The term “duty of care” refers to the legal obligation to act prudently and reasonably to ensure the other’s safety and prevent harm. For instance, drivers are expected to operate their vehicles safely and comply with road regulations to avoid accidents. Medical practitioners are entrusted with the duty to provide competent medical care, whereas property owners must maintain safe premises.
● Breach of Duty
After establishing the duty of care, the subsequent step is to show the party has breached that duty through negligent or wrongful action, resulting in the person’s death. Their actions may vary from reckless driving, medical mistakes, and failure to maintain safe property conditions to other behavior that falls below the anticipated level of care.
● Causation
It’s a vital aspect in wrongful death cases as it establishes a direct connection between the defendant’s breach of duty and the victim’s death. Typically, it encompasses demonstrating expert testimony, medical records, accident reconstruction analyses, and other documentation establishing the precise causal connection between the defendant’s action and the fatal outcome.
● Damages/losses
Lastly, the attorney will show that they have incurred compensable damages (economic and non-economic) owing to their beloved’s death. Economic losses comprise medical bills, burial costs, lost income, and the worth of financial assistance that the deceased would have given their defendants. Additionally, all the intangible losses, like pain & suffering, loss of companionship, and emotional anguish by surviving family members, fall under non-economic losses. Furthermore, it may help in appropriate personal injury and wrongful death damages calculations.
Expert Testimonies
Expert witness testimony is indispensable for the successful outcome of a wrongful death case. They bring their specialized expertise, knowledge, and valuable opinions on the case’s vital aspects, assisting in exhibiting the case’s fruitful insights. Depending on the nature of the incident, experts, including accident reconstructionists, medical professionals, economists, and forensic specialists, may be requested to testify. Their evaluations can help articulate complex issues, demonstrate causation, and calculate damages, ultimately bolstering the victim’s case.
Medical Records and Autopsy Reports
Comprehensive medical documentation comprises
- Treatment records,
- Victim’s medical records,
- Diagnostic imaging
- Lab test results
- Autopsy reports
- Prescribed medications
They play a vital role in wrongful death claims and give critical information on the severity of the injuries incurred, the exact cause of the death, the time and date, and any pre-existing medical condition that might have led to the final death. Medical evidence enables the lawyer to review the report in detail with the professional assistance of experts and determine the connection between the defendant’s acts and the victim’s death.
● Financial Documentation
The prime goal of pursuing a wrongful death claim is to seek compensation to recover the financial losses resulting from the loss of a beloved. To quantify economic damages in a wrongful death claim, the surviving members must provide exhaustive documentation of their financial losses. It may entail medical bills, funeral and burial expenditures, lost income, and future financial assistance the deceased would have provided to their dependents. Pay stubs, tax filings, job records, and professional financial estimates are requisite to calculate these economic damages appropriately and fairly.
● Testimonies and Witness Statements
Gathering testimonies of the eyewitnesses can be a turning point for your case, as they may give vital firsthand accounts of what transpired. However, it’s critical to investigate them as soon as possible after the incident before their memories fade. Their statements can support your case and disprove the parties’ assertions while assisting in establishing the chain of events that led to the fatal outcome. Additionally, witness testimony lends credibility to your case and enhances the overall quality of the evidence provided.
● Photos or Videos
Accident photographs or recordings can be persuasive evidence in a wrongful death lawsuit. Remember to ensure that printed or digital data have a timestamp identifying the precise time and date. Furthermore, your personal injury lawyer can help obtain the photos or videos from private property owners, witnesses, and authorities to devise a compelling case.
Seek Professional Assistance!
Undeniably, wrongful death lawsuits are distressing and emotionally draining for surviving family members. It requires compassion and legal knowledge to contend with. Hence, it’ll be in your best interest to engage an experienced personal injury lawyer or wrongful death attorney to handle your case and fight for your rights. Amid pain and grief, taking the stress of legal procedures can overwhelm the journey, making it hard for the family members to recoup. A lawyer can bring all the facts to the table and ensure the people who have experienced the tragic loss of a loved one receive appropriate compensation.