Losing a loved one is painful enough without having to fight for justice. But when the cause of death is negligent or criminal behavior, families may choose to pursue a wrongful death lawsuit. Having compelling evidence can make all the difference in these cases. Below are some of the most crucial forms of evidence to have on your side.
Police Reports
Official police reports will likely form the backbone of any wrongful death case. These reports contain officers’ accounts of the scene, witness statements, and initial findings. Police gather evidence like photographs, videos, residue tests, and measurements. Their reports will also indicate if any charges were filed related to the death. Thorough, well-documented police reports that support negligence or criminal activity will bolster the case.
Medical Records
Medical examiner reports, autopsy findings, and treatment records also carry legal weight. The medical examiner’s report will contain an official determination on the cause and manner of death. Autopsy results may reveal details about injuries, substances in the victim’s system, or other forensic evidence. Medical histories and treatment records can demonstrate the extent of injuries and pain and suffering. Combined, medical documents can create a compelling picture of the circumstances surrounding the death.
Expert Testimony
In complex cases, expert opinions may be needed to establish links between the defendant’s actions and the death. For example, an accident reconstruction expert can analyze crash data and explain how reckless driving or mechanical failure led to a fatal collision. A medical expert may clarify how a doctor’s negligence directly resulted in the patient’s death. Experts have specialized skills and credentials that lend authority to their testimonies. Their input is often vital for proving liability.
Evidence of Negligence
Beyond experts, thorough investigations and discovery can uncover other evidence that demonstrates negligence or misconduct. For instance, examination of the scene may reveal spill hazards that led to a fall, or phone records may show distracted driving right before an accident. Photos, videos, documents, and records obtained in discovery could contain a wealth of evidence showing safety lapses, policy violations, inadequate training, equipment defects, or intentional wrongdoing. Any evidence that shows a failure to act responsibly can establish a case for wrongful death.
Damages Documentation
Plaintiffs don’t just need to prove wrongful death—they also need to demonstrate damages. Plaintiffs can submit evidence showing medical costs, lost income and benefits, funeral and burial expenses, and other monetary losses stemming from the death. Documenting pain and suffering is more difficult, but witness statements, medical records, and expert testimony can provide backing. Quantifying damages lends critical support to both liability and compensation arguments.
A wrongful death lawsuit is complex and challenging to prove. An experienced attorney knows what evidence is needed for a strong case. They will conduct thorough investigations, obtain medical and police documentation, secure expert opinions, identify evidence of negligence, and document damages. If your loved one has died due to another’s reckless or criminal behavior, consider consulting a qualified wrongful death lawyer. With sound evidence and skillful legal representation, you can pursue the justice your family deserves.
If you want to pursue a wrongful death lawsuit, we can help. Visit one of our offices at:
- 2005 West Main St. Tupelo, MS 38801
- 406 Galleria Dr., Suite 7 Oxford, MS 38655
- 1671 Lelia Dr., Suite B, Jackson, MS 39216
- 5100 Poplar Ave., Suite 2700 Memphis, TN 38137
Or call us today for a free consultation on (888) 484-1476.
