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Pursuing a Wrongful Death Claim: What Records Are Needed for Evidence?

Pursuing a Wrongful Death Claim: What Records Are Needed for Evidence?


Pursuing a Wrongful Death Claim: What Records Are Needed for Evidence?

Losing a loved one due to someone else’s negligence is an incredibly traumatic experience. In such cases, filing a wrongful death lawsuit or a claim can provide some form of closure and financial compensation for the surviving family members.

However, pursuing a wrongful death claim can be challenging and requires sufficient evidence to prove the defendant’s liability. This evidence typically includes various types of records that can help establish the cause of death, the extent of damages, and the defendant’s responsibility.

Ehline Law and our wrongful death attorneys have worked with surviving family members since 2005, protecting their rights and fighting for the compensation they deserve. Here, we will go over the physical evidence you may have to submit following the victim’s death when pursuing a wrongful death case.

Filing a Wrongful Death Claim: What Records Are Needed for Evidence?

The types of physical evidence required in a wrongful death lawsuit or a claim may vary depending on the circumstances of the case. However, some of the most common records that surviving family members may have to submit in a wrongful death claim include the following.

Death Certificate

A death certificate is necessary to confirm the cause of the victim’s death and the date and time of death. It is also essential to have this document to prove the legal status of the decedent.

Medical Records

Medical records are the most important evidence submitted in any wrongful death claim, as they can provide proof of the deceased’s injuries or illnesses and any medical treatment they received before their death. 

Medical records are crucial in assessing the total medical expenses incurred by the deceased before their death and assist in evaluating the value of the wrongful death claim.

An experienced wrongful death attorney can also use medical records to build a strong wrongful death claim, linking the decedent’s injuries and death to the defendant’s negligence.

Police Reports

When an accident occurs, and the police reach the incident site, the officers will carry out an investigation and write a police report. 

A police report is a critical document that insurance companies require when surviving family members pursue a wrongful death claim. It may contain valuable information related to the cause of the death (officer’s opinion), witness statements, and other evidence.

Autopsy Reports

In wrongful death cases where the cause of death is more difficult to determine, an autopsy report is an important document that may provide insight into how the decedent died. 

For example, a toxicology report can provide proof of a prescription mistake or medical error, which is essential in a medical malpractice case, that other reports may be unable to tell. 

Witness Statements

Statements from witnesses present during the incident can help establish the events leading up to the death. Witness statements can be valuable evidence in a wrongful death claim, as they can provide firsthand accounts of what happened.

Employment Records

If the deceased worked before their death, their employment records could help establish lost wages and potential future earnings.

Financial Records

A pay stub is also an important document that can establish how much the decedent made prior to their death and the loss of future expected earnings. 

Pay stubs are important, especially if the decedent had dependents that relied on them financially. It can help calculate the financial losses that surviving family members can factor into their wrongful death claims.

Photos and Videos

It’s true that a picture is worth a thousand words, which is why photos can help provide visual evidence of the cause of the accident, the injuries sustained by the victim prior to death, and other essential visuals that can assist in establishing the defendant’s negligence.

Videos from traffic cameras and CCTV surveillance cameras from different angles can assist in building a compelling wrongful death claim.

Insurance policies

Insurance policies, such as life insurance or accidental death and dismemberment (AD&D) insurance, can help establish the compensation available to the deceased’s family.

Working with an experienced wrongful death attorney is crucial as they help gather and evaluate the evidence needed to build a strong case. An attorney can also help determine which records may be relevant to the case’s specific circumstances and can help obtain all necessary documentation.

How Can Ehline Law Wrongful Death Lawyer Help Surviving Family Members with Wrongful Death Claims?

Proving wrongful death claims can be an overwhelming and emotional process. However, our experienced wrongful death attorney can guide you through the legal process and help you understand the elements required for a successful wrongful death case.

Whether it is a medical malpractice case or any other wrongful death suit, our reputable wrongful death attorney can investigate and gather evidence (death certificate, police and autopsy reports, CCTV footage, and other documents) to prove the wrongful death claim and establish the defendant’s liability.

One of the most challenging parts of a wrongful death claim is determining the value of the damages incurred by the surviving family members. We can help assess the damages and calculate the financial losses, such as lost wages, medical expenses, funeral expenses, and the loss of companionship and support.

Our wrongful death attorney can guide and support the surviving family members throughout the legal process, protecting their rights and fighting for fair compensation for their loss. 

Ehline Law can handle the insurance company and also negotiate a settlement on your behalf. In cases where the insurance company fails to settle, we can take the matter to court and get you the justice and compensation you deserve.

Schedule a Free Consultation with Ehline Law

If you’ve lost a loved one due to another’s negligence, contact us at (833) LETS-SUE for a free consultation with our experienced wrongful death attorneys. We can help identify the liable party, gather evidence to prove the defendant’s liability, and pursue maximum compensation for your loss.

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Michael Ehline

Michael Ehline is an inactive U.S. Marine and world-famous legal historian. Michael helped draft the Cruise Ship Safety Act and has won some of U.S. history’s largest motorcycle accident settlements. Together with his legal team, Michael and the Ehline Law Firm collect damages on behalf of clients. We pride ourselves on being available to answer your most pressing and difficult questions 24/7. We are proud sponsors of the Paul Ehline Memorial Motorcycle Ride and a Service Disabled Veteran Operated Business. (SDVOB.) We are ready to fight.