Wrongful death cases often require substantial evidence to prove that the defendant was negligent or careless in their actions, therefore causing the death of your loved one. Gathering the right types of evidence with the help of a wrongful death lawyer is essential to building a strong case, establishing fault, and helping the victim’s family recover compensation for their loss. In this article, we will explore some key pieces of evidence used in wrongful death lawsuits.
Table of Contents
Police Report
The first type of evidence typically used in a wrongful death case is a police report. This is especially important if the death resulted from an accident or a crime. If the police are called to the accident scene, they will document the scene of the incident, their observations, statements made by witnesses, and any citations issued. Police reports are particularly valuable in that they offer an unbiased view of the accident and the aftermath of it.
Death Certificate
Death certificates, which are issued by either a medical examiner or certified healthcare professional, can also be a valuable piece of evidence in a wrongful death case. These documents provide crucial details surrounding the death such as the time, date, location, and cause. This can be valuable in that it can establish a timeline and causality.
Medical Records
Another type of evidence that may be used in a wrongful death case is medical records. Medical records are useful in that they can provide helpful insight into the victim’s medical history, treatment, diagnoses, surgeries, medications, and more. In the event of a car accident, for example, medical records can be used to help prove the severity of injury or if the victim had any pre-existing conditions.
Autopsy Report
In situations where the cause of death is disputed, an autopsy can be a valuable piece of evidence. An autopsy is a medical examination of a deceased individual’s body that reveals the cause of death and any contributing factors. The information from an autopsy can be valuable in that it can help attorneys, experts, and the courts determine whether negligence or misconduct played a role in the accident.
Expert Testimony
Expert testimony can also provide significant insight into the details of a wrongful death accident. An expert witness is an individual who possesses specialized knowledge or experience in a certain field and uses that knowledge to provide their professional opinion about what happened in the case. Types of expert witnesses in a wrongful death case may include forensic experts, engineers, medical experts, and accident reconstructionists.
Photos and Videos
The final type of evidence that may be used in a wrongful death case is photographic and video evidence. This visual evidence captures the scene of the accident in real-time, providing the court with an undeniable, clear, and timestamped account of what happened. In a car accident, for example, photo and video evidence can reveal information related to the incident, such as road conditions, vehicle damage, skid marks, injury severity, and more
