What Evidence is Needed to Prove a Wrongful Death Case?

The evidence needed to prove a wrongful death case has to show that someone else’s neglectful or intentional actions caused your loved one to die. Typical pieces of evidence include the death certificate and some way of tying the defendant to the death.

This can include witness statements, physical documentation such as photos and videos, and medical records that detail the injuries and cause of death. A Los Angeles wrongful death lawyer can determine which pieces of evidence you need and how to get them.

Understanding the Legal Definition of Wrongful Death

In California, wrongful death is defined as a death that results from someone else’s wrongful act or negligence. This can occur in various situations, including fatal incidents involving cars, trucks, motorcycles, pedestrians, and other types of accidents.

Wrongful death can result from a range of negligent or reckless actions, including:

• Medical malpractice or negligence by healthcare professionals
  
• Defective products or manufacturing defects
  
• Construction site accidents or building collapses
  
• Workplace accidents or hazardous working conditions
  
• Reckless or drunk driving
  
• Negligent supervision or security breaches

To start a wrongful death claim, you need to speak with a Los Angeles personal injury lawyer. They’ll tell you if you have a case or not.

Proving Negligence or Intentional Harm

There are several key factors to consider when proving negligence. These include:

• Breach of duty: The defendant had a legal obligation to act with reasonable care, but failed to do so.
  
• Causation: The defendant’s breach of duty directly caused the death of your loved one.
  
• Damages: The death of your loved one resulted in quantifiable losses, such as funeral expenses, lost income, and emotional distress.

The evidence in a wrongful death claim must prove these elements to show that you have a valid claim. Another way you could have a valid claim is if someone caused intentional harm to your loved one that led to their death.

In these cases, civil and criminal law likely intersect. The accused may be found not guilty in criminal court but may still be liable in civil court due to the lower standard of evidence needed there to win cases.

Medical Records and Expert Testimony

Medical records are a crucial element in building a strong wrongful death case. These records provide vital information about the extent of the deceased’s injuries and the resulting death. By gathering thorough medical records, including hospital charts, doctor’s notes, and autopsy reports, you can establish the cause of death and demonstrate the defendant’s liability.

The expert testimony of medical professionals is another essential component of a wrongful death case. These experts, such as pathologists or emergency room doctors, can provide objective insights about whether a death could have been prevented.

• Collecting and reviewing medical records to identify potential evidence of negligence
  
• Identifying the right medical experts to testify on your behalf, including specialists who can provide insight into the standard of care
  
• Working closely with experts to develop a clear and compelling narrative of the events leading to the wrongful death

Witness Statements and Depositions

Any witnesses to the act that caused the death can also be a source of evidence to prove a wrongful death claim.  They help to reconstruct the events surrounding the incident and identify those responsible. However, it’s crucial to approach these statements with a critical eye, recognizing that witnesses can be biased, mistaken, or even dishonest.

Your lawyer will review their statements. A thorough review of witness statements should identify any discrepancies, contradictions, or ambiguities. Additionally, the witness’s proximity to the incident, ability to observe what happened, and potential biases and motivations must be taken into account.

Key factors to consider when evaluating witness statements include:

• The witness’s history of honesty and credibility
  
• Whether the witness’s statement is supported by other evidence in the case
  
• The witness’s potential biases and motivations
  
• The witness’s proximity to the incident and their ability to observe what happened
  
• Inconsistencies in the witness statement that can impact their credibility

Digital Evidence in Wrongful Death Cases

Electronic evidence may also be used to prove wrongful death cases. Surveillance footage can provide indisputable visual evidence of how an accident or incident occurred. This might include security camera recordings from businesses, traffic, doorbell, or dashboard cameras. 

Social media and digital communications can also provide valuable evidence of liability or damages. For example, in drunk driving cases, a defendant’s social media posts might show their location and activities before the incident. 

Modern vehicles record extensive data about speed, braking, steering inputs, and other operational parameters. In commercial vehicles, electronic logging devices (ELDs) track driving hours and rest periods, which can help prove driver fatigue. Your attorney can file preservation requests for this electronic data before it gets overwritten or deleted.

J&Y Law Can Help You Get Evidence to Prove a Wrongful Death Case

Gathering and presenting the right evidence is crucial when pursuing a wrongful death case. From witness statements to medical records, expert testimony, and physical evidence, each piece plays a vital role in establishing liability and securing justice. 

By understanding what evidence is needed to prove a wrongful death case, you can help us get what we need to help your family get the most money possible. Our goal is to help you secure the justice you deserve. To discuss your case, contact J&Y Law for a free consultation.