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Losing a loved one is a horrible experience that is impossible to prepare for. Learning that the death was a result of another person’s negligence or wrongful actions just makes accepting the loss even harder. In some cases, families can seek justice through pursuing a wrongful death claim.
Proving that someone’s death qualifies for a wrongful death claim can be quite challenging. For this reason, it is important to have strong evidence that reveals the action or inaction that led to the death.
Types of Evidence to Prove Your Wrongful Death Case
When you file a claim or a lawsuit to obtain compensation for the death of a loved one, more is required than just telling the insurance company or the court that someone else caused the death. Some types of evidence that can be useful in proving your case include:
Physical Evidence
Physical evidence can help provide a clearer view of the circumstances surrounding the accident. This evidence can help establish what occurred and who is responsible. Some physical evidence to use for your case includes:
- Accident Scene photos – Photos can provide critical details about the circumstances leading up to the wrongful death, such as skid marks following an accident, damaged flooring following a fatal fall accident, and more.
- Medical Records – These records help document the resulting injuries and the cause of the death. Medical records are essential for proving the link between the accident, injuries, and death.
- Autopsy Reports – This evidence offers further insight into the exact cause of death and contributing factors.
Testimony from Experts
Expert testimony is often crucial in wrongful death cases. Experts can offer professional opinions about various aspects of a case. Some experts who can provide testimony to help with wrongful death claims include:
- Medical Professionals – These include healthcare providers, forensic pathologists, and doctors. These experts can provide information on whether the death was a result of misconduct or negligence.
- Accident Reconstruction Experts – These experts can provide information regarding the seriousness of events leading to an accident, which is invaluable in demonstrating fault.
Witness Statements and Surveillance
Eyewitness accounts and surveillance footage can be powerful forms of evidence in a wrongful death case:
- Witness Statements – Individuals who witnessed the incident can provide firsthand accounts of what they saw. Their testimony can corroborate other pieces of evidence and offer an unbiased perspective.
- Surveillance Footage – Video footage from nearby surveillance systems can capture the incident. This evidence can be particularly persuasive in court if it offers a clear, objective view of the events leading to the accident.
Financial and Economic Evidence
When pursuing a wrongful death claim, families have the right to request compensation for lost earnings. Pay stubs, tax records, and records of employment can help prove the amount of income that the deceased earned prior to their passing. Additionally, economists can project the future financial impact of the loss by considering factors like the deceased’s age, career trajectory, benefits, and contributions to household income.
Important Things to Know
When filing a wrongful death claim in Mississippi, you must initiate the action within three years in most cases from the date of your loved one’s passing in most cases. There are some circumstances that can change the amount of time you have to take action to as little as one year. It is always best to take action immediately. Waiting can result in the loss of evidence, which can have a detrimental impact on your wrongful death claim.
In addition, securing the evidence for your wrongful death claim is a delicate process. Attention to detail and familiarity with the process of recovering evidence from various sources is essential. For this reason, working with a wrongful death lawyer can help ensure you have the necessary evidence to prove your case against the defendant.
Let Our Wrongful Death Lawyers Help
At Chatham Gilder Howell Pittman, we understand how difficult it can be to deal with the loss of a loved one, especially when the death was completely preventable. For this reason, we fight diligently to help bereaved families achieve justice and fair compensation. To explore your legal options, contact our wrongful death lawyers today for a confidential consultation.
