A wrongful death lawsuit is a civil action that allows surviving family members to seek compensation when another party’s wrongful conduct—whether through negligence, recklessness, or intentional harm—causes a death. These claims aim to hold responsible parties accountable while providing financial recovery for the losses endured by the family. Successfully pursuing this type of claim hinges on presenting compelling evidence that connects the defendant’s actions directly to your loved one’s death.
What You Need to Prove in a Wrongful Death Lawsuit
To establish liability in a wrongful death case, you must satisfy the same legal framework used in personal injury claims: the four elements of negligence. Each element builds upon the previous one, creating a chain of causation that links the defendant’s conduct to your family’s loss:
- Duty of Care: The defendant had a legal obligation to act responsibly toward your loved one, such as a driver’s duty to operate their vehicle safely or a doctor’s duty to provide competent medical treatment.
- Breach of Duty: The defendant violated that obligation through action or inaction, such as running a red light, failing to maintain safe premises, or prescribing inappropriate medication.
- Causation: The defendant’s breach directly caused your loved one’s death, establishing a clear link between their negligent behavior and the fatal outcome.
- Damages: Your family suffered losses as a result of the death, such as funeral and burial expenses, final medical bills, and the loss of comfort, companionship, and other forms of support that the deceased would have provided.
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Common Types of Evidence in Wrongful Death Claims
In a wrongful death claim, the evidence you gather must establish both liability and damages, showing not only who caused the death but also the full scope of consequences your family now faces. When building your case, consider these essential categories of proof:
- Medical Records and Autopsy Reports: These documents establish the cause of death, detail the injuries sustained, and create a timeline of medical treatment that links the defendant’s actions to the fatal outcome.
- Accident Reports and Scene Documentation: Police reports, photographs, video footage, and physical evidence from the incident scene help reconstruct what happened and identify contributing factors to the death.
- Witness Testimony: Statements from people who observed the incident, interacted with your loved one beforehand, or can speak to the defendant’s conduct provide firsthand accounts that corroborate your version of events.
- Financial Records: Pay stubs, tax returns, employment contracts, and household expense records quantify the economic losses your family faces due to lost income and financial support.
- Expert Analysis: Accident reconstructionists, medical professionals, economists, and industry specialists can interpret technical evidence, establish standards of care, and calculate long-term financial impacts.
Build Your Case with Dollar, Burns, Becker, and Hershewe
Building a wrongful death case requires meticulous investigation, proper documentation, and strategic presentation of every detail that supports your claim. When the burden of proof feels overwhelming during an already difficult time, legal counsel for a wrongful death lawsuit can shoulder that weight while you focus on your family.
Dollar, Burns, Becker, and Hershewe has spent decades building robust wrongful death lawsuits that deliver results. Our attorneys will work to secure the medical records, witness statements, financial documentation, and expert testimony necessary to demonstrate the full extent of your loss. Contact us at (816) 876-2600 to discuss how we can help construct a strong foundation for your wrongful death claim.