Remember: you bear the burden of proof in a wrongful death lawsuit. This comprises many factors. Take a fatal automobile accident, for example. To win your case, you must prove who was at fault for the car crash. You must also prove the other party was negligent in their behavior and your loved one died as a direct result of the incident. While an autopsy may not prove fault in a car accident, it may be able to prove the death was the result of injuries suffered from the crash and not some other cause.
Without a medical post-mortem, it may be more difficult to prove causation. An autopsy can be strong evidence in cases of nursing home neglect and abuse. It can help to eliminate other possible reasons as to why your family member or friend passed away, including due to natural causes.
Evidence to Prove Wrongful Death to Recover Damages
It’s important to note that not all accidental deaths are deemed wrongful deaths. So, whether or not you secure an autopsy, it’s vital to collect as much evidence in support of your claim as possible. By working with your wrongful death attorney at Pracht Injury Lawyers, we’ll help you gather crucial evidence such as:
- Photos and videos from the accident scene
- Eyewitness testimony and reports
- Hospital and treatment records, like for a medical malpractice lawsuit
- Other medical history to rule out pre-existing conditions
- Swimming pool maintenance records, like for a fatal drowning accident claim
- Laws and rules demonstrating the expected duty of care
- Expert testimony to explain technical information
- Police reports
- Internal accident reports
- Pay stubs and expense records to calculate wrongful death damages
Questions to Ask Your Wrongful Death Attorney
Understandably, it can be a stressful and confusing time for families grieving the loss of a loved one. You likely have many questions about your legal rights and what to do next. Rely on the seasoned expertise of Pracht Injury Lawyers for the answers you need on topics such as:
- Do we have to consent to the autopsy before they do it?
- How long do I have to file a wrongful death lawsuit? What is the statute of limitations?
- If officials do not request an autopsy, can I pay for a private one at my own expense?
- How much can we recover in a wrongful death claim?
- Can anyone in the family file the lawsuit?
- Will the autopsy report be publicly accessible? How do we get a copy?
