What Documents Are Needed For a Wrongful Death Lawsuit?

A wrongful death lawsuit is a claim that you can file against the person or entity that negligently caused the loss of your loved one. It usually involves two separate claims: a survivorship action and a wrongful death action, with different damages possible in each.

You can prove your case in a wrongful death lawsuit using the same basic tools as you would for any other negligence or personal injury case, including the evidence you need to show that the defendant breached their duty of care to you. That means you must show that the defendant’s negligent or careless actions or failure to act directly caused your loved one’s death.

Proving your case in a wrongful death lawsuit requires a combination of expert testimony and your own expert testimony. A knowledgeable wrongful death attorney will be able to identify the experts who are most likely to provide valuable testimony and help you select the best ones for your case.

Gathering Other Evidence

You’ll need a variety of other types of documents in a wrongful death lawsuit, including medical records and other information about your loved one’s injuries or illness. Oftentimes, these will be the strongest evidence you need to build your case. In addition, it’s important to collect any photos or videos you have of your loved one’s injuries or accident scene.

It’s also a good idea to collect any financial documents you have that can prove your loved one was financially supported by their employer or family members before their death. That can include pay stubs, tax returns, and receipts for any expenses they might have incurred before their death.

In a wrongful death lawsuit, you can also seek compensation for your loved one’s “pecuniary” or financial losses. This includes lost wages, any money you had to spend on funeral or burial costs, and any other out-of-pocket expenses related to the accident.

The value of your wrongful death claim documents needed for a wrongful death lawsuit will depend on a number of factors, including the type and amount of damages allowed by your state’s wrongful death statute. It’s best to work with an experienced wrongful death lawyer who can advise you on the types of damages that are possible and whether or not any settlement offers you receive are fair.

Causation

The main element of a wrongful death suit is proving that your loved one’s death was the result of someone else’s breach of their duty to you. Your attorney will be able to determine if the defendant’s actions or failure to act were the cause of your loved one’s death by reviewing the facts of your case and consulting with you and your doctor about your loved one’s condition prior to their death.

Your attorney will also want to review your deceased loved one’s medical records and autopsy report to ensure they’re accurate and complete. If you have a complete set of medical records, your attorney can use them to prove that the defendant’s breach of duty directly caused your loved one’s death.