Did you know that the leading cause of death in the United States is medical errors, which account for as many as 400,000 deaths per year? Individuals who have experienced the loss of a loved one due to another person’s negligence or deliberate actions have the option to pursue a wrongful death lawsuit to seek justice.
However, doing it alone can make it challenging for you to seek justice and provide evidence. A Tampa wrongful death attorney says a wrongful death claim without the help of a lawyer could hurt your family’s chances of getting compensation for the death of a loved one.
An experienced personal injury lawyer who specializes in wrongful death cases can help you go through the process and make sure you have all the paperwork you need. For a wrongful death lawsuit to be successful, it is important to gather strong proof.
Here are the common types of evidence needed to support a wrongful death lawsuit:
Medical Records
The purpose of this documentation is to detail the medical history and care provided to the deceased individual. You can obtain this documentation by reaching out to hospitals, doctors, specialists, and any other healthcare providers who have been part of the individual’s care to request their records.
Make sure to gather documents such as admission records, treatment notes, test results, medication records, and discharge summaries.
After collecting these medical documents, check for any errors in medical treatment to ensure the quality of care is maintained. This process is similar to medical errors or accidents like electrocution in the workplace. According to electrocution lawyer Gerald E. Wigod, your legal team can use these data to prove malpractice or improper activities that caused the person’s death.
Keep these records structured and accessible for legal processes.
Witness Statements
Witness testimony can aid in understanding the events leading up to and following the unjust death, as well as the effectiveness of the person’s care. Individuals such as family, friends, healthcare professionals, and others can provide witness testimony.
When obtaining witness statements, make sure that they’re detailed and accurate. Encourage witnesses to include specific dates, times, and descriptions of what they observed. Gather statements from multiple witnesses to corroborate the events and enhance the credibility of your case.
Witness statements can help establish a timeline of events, identify any potential negligence or malpractice, and provide a clearer picture of what transpired. These statements can provide valuable firsthand accounts that may support your claim and strengthen your case for seeking justice for your loved one’s wrongful death.
Expert Testimony
Having an expert testify can greatly enhance your case by providing professional insights that may be difficult for the average person to comprehend. Experts in fields such as medicine, engineering, accident reconstruction, or psychology can provide significant analyses and interpretations of information related to the circumstances surrounding your loved one’s death.
When choosing an expert witness, look for individuals with relevant experience, credentials, and a solid reputation in their respective fields. Their testimony can help establish the standard of care expected in a particular situation, identify any deviations from that standard, and explain how these deviations may have contributed to the wrongful death.
Financial Documents
Gather all relevant financial documents to support your wrongful death lawsuit. These documents play an important role in establishing the financial impact of the loss and determining the compensation owed to you.
Begin by collecting the deceased’s tax returns, which can provide insights into their income and financial obligations. Bank statements indicate shared accounts or financial responsibilities. Include life insurance policies and any related correspondence to understand the coverage and beneficiaries.
Gather medical bills, funeral expenses, and any other costs incurred due to the wrongful death. Documentation of lost income or potential earnings, such as pay stubs or employment contracts, will further strengthen your case. Any wills, trusts, or estate planning documents can also shed light on the deceased’s financial affairs.
Physical Evidence
Check the crime scene for evidence supporting your wrongful death claim. Physical evidence helps prove your case and your loved one’s death. Find broken goods, clothes, or anything else that may help you figure out what happened. Before losing or altering evidence, photograph or record the scene and preserve all important details.
Medical records and autopsy reports can serve as physical evidence in a wrongful death lawsuit. These documents can provide valuable insights into the cause of death, the extent of injuries sustained, and any medical negligence that may have contributed to the fatal outcome. To strengthen your case, gather all relevant medical evidence and have it reviewed by experts.
Conclusion
A wrongful death lawsuit is a legal action that allows the survivors of a deceased person to seek justice and compensation for their losses and damages caused by another person or entity’s negligence or wrongful actions.
Presenting a strong case with supporting evidence gives you the chance to pursue justice and hold those accountable for their actions. Remember to hire a competent lawyer who can represent your family’s best interests during this trying time.