How Do You Prove Wrongful Death?
To prove wrongful death in a lawsuit, certain elements must be established:
Duty of Care: The plaintiff must demonstrate that the defendant owed a duty of care to the deceased individual. For example, in a car accident case, drivers have a duty to operate their vehicles safely and follow traffic laws.
Breach of Duty: The plaintiff must show that the defendant breached the duty of care through negligent or wrongful actions. This could include reckless driving, medical negligence, or failure to maintain a safe workplace environment.
Causation: The plaintiff must establish a causal link between the defendant’s breach of duty and the death of the deceased individual. It must be proven that the defendant’s actions directly resulted in the fatal injury or incident.
Damages: Finally, the plaintiff must demonstrate the damages suffered as a result of the wrongful death, such as medical expenses, funeral costs, lost income, and the emotional pain and suffering endured by the surviving family members.
Documents Needed for a Wrongful Death Lawsuit
To file a wrongful death lawsuit, you will need to gather various documents to support your case, including:
Death Certificate
A death certificate is essential evidence of the deceased individual’s passing and is required when filing a wrongful death lawsuit.
Medical Records
Medical records documenting the deceased individual’s injuries, treatment, and cause of death are crucial in proving the circumstances surrounding the wrongful death.
Police Reports or Incident Reports
If the death occurred as a result of an accident or criminal act, obtaining police reports or incident reports detailing the events leading to the death is essential.
Witness Statements
Witness statements from individuals who observed the incident leading to the death can provide valuable testimony to support your case.
Financial Records
Financial records, including evidence of the deceased individual’s income, expenses, and financial contributions to their family, can help quantify the economic damages suffered by the surviving family members.
How Can an Attorney Help?
An experienced wrongful death attorney can provide invaluable assistance in gathering the necessary documents and building a strong case on behalf of the surviving family members. An attorney can:
- Conduct an investigation
- Obtain expert testimony
- Negotiate with insurance companies
- Represent you in court
Filing a wrongful death lawsuit requires gathering the necessary documents to support your case and prove the elements of wrongful death. While the process can be overwhelming, an experienced wrongful death attorney can provide invaluable.
If you have lost a loved one due to the negligence or wrongful actions of another party, don’t hesitate to seek the guidance of a skilled and compassionate wrongful death attorney who can help you seek the justice and compensation your family deserves. Contact the Geller Injury Law Firm at (813) 337-7798 to schedule a free consultation.
