If someone you love died in an accident, it’s up to you as the plaintiff to prove that the other party was responsible for your loved one’s death. There are several different types of evidence that you and your wrongful death lawyer can gather to support your case when seeking a settlement.
Ask a Wrongful Death Lawyer: What Evidence Do You Need for a Strong Case?
A Death Certificate
When someone dies, regardless of how they died, a death certificate needs to be filled out. The certificate will include information about the deceased and their death, including the cause of death, the location of the death, and the time of death.
Your loved one’s death certificate will be an important piece of evidence in your case, as it clearly outlines all of this information. You can request this document through the Texas government’s official website. If you are uncertain how to obtain it, your lawyer can help you.
Medical Records
If your loved one received medical attention before passing, then you will need to gather these documents. They will provide notes, tests, evaluations, and treatment plans related to your loved one’s injuries which will be very helpful in proving that your loved one died wrongfully.
They’ll be especially important in medical malpractice cases where your loved one’s death was caused by a breach of duty of care on behalf of the doctor or hospital as a whole. These cases can be notoriously difficult to prove, but these medical records will be a great starting point.
Physical Evidence
There are several different pieces of physical evidence that could be highly beneficial in proving that your loved one died wrongfully. Your lawyer will help you determine what types of physical evidence you can use to help support your wrongful death case.
For example, if your loved one died in an accident, there may be impression evidence like tool marks that you can use to prove that this was the reason they died. Another example is if the death was caused by a foreign object being left in the body during a medical malpractice case.
Photos and Videos
As soon as you can, you and your lawyer should take photos of any scene where an accident took place. These photos can prove to a judge or jury how an accident occurred and how your loved one died from it. Whenever possible, you should also make sure that the photos are time stamped.
The above is also true for videos. In some instances, a video re-enactment of the accident might be done to help demonstrate what happened during the accident, how your loved one was killed, and who is responsible for your tragic loss.
Witness Statements
Was anyone else present during the accident that killed your loved one? You should seek out statements from these witnesses, as they can do a lot to support your claim and prove what happened during an accident. As soon as possible, get the names and contact information of these witnesses and give them to your attorney.
Your lawyer will contact these witnesses and get them to describe what they saw. This will help to create a more thorough picture of what happened during the accident to present to the judge or jury.
Statements From Expert Witnesses
One of the benefits of working with qualified wrongful death attorneys in Houston is that they will have access to expert witnesses. These are professionals in their respective fields who are hired to provide testimony during legal cases. They can be especially beneficial in cases of medical malpractice.
If your loved one died because of the carelessness, actions, or negligence of their doctor, then your lawyer may hire another doctor as an expert witness. This doctor will be someone with similar training and experience who will testify that another more competent doctor would have cared for your loved one differently and prevented their death.
How Will My Lawyer Help Me?
When you are going through any legal battle, especially one as complex and challenging as wrongful death, you should have a qualified lawyer backing you up. You don’t have the same kind of training and experience a lawyer has, which means you could make some costly mistakes if you represent yourself.
Your lawyer will have spent years training in their field. They’ll know what strategies to use to ensure that you get the compensation you deserve. You can also count on your lawyer to offer you the compassion and understanding that you need during this time.
Losing a loved one is never easy, but it can be even more traumatic and difficult when your loved one died wrongfully. If you are seeking compensation for what you’ve experienced, make sure you work with a lawyer. They’ll ensure that you get a fair settlement.
