Evidence in a California wrongful death claim must help establish how the death occurred, who was responsible, and the losses suffered by surviving family members. Depending on the circumstances, this may include medical records, accident reports, witness statements, photographs, video footage, expert testimony, and financial documentation. The specific evidence needed will depend on how the death occurred.
What Must Be Proven in a Wrongful Death Claim?
A successful wrongful death claim requires evidence connecting another party’s wrongful conduct to the death and the family’s resulting losses.
In a negligence-based case, the evidence generally needs to establish that the responsible party owed a duty of care, breached that duty, and caused the fatal injury. Surviving family members must also establish the losses for which they are legally entitled to recover compensation.
How this is proven varies considerably from case to case. A truck accident could require evidence about the truck driver, trucking company, vehicle maintenance, or other factors. A fatal motorcycle accident may require a close examination of driver behavior, roadway conditions, and the circumstances leading up to the collision. In a premises liability case, the focus may be on a dangerous property condition and what the owner knew or should have known about it. After a car accident, evidence such as vehicle damage, traffic camera footage, witness accounts, and information about the drivers’ actions may help establish fault.
What Evidence Can Support a Wrongful Death Claim?
Because wrongful death claims often involve disputed questions about what happened and who was responsible, different forms of evidence may be needed to establish the claim. Depending on the circumstances, they can include:
- Medical records and autopsy reports documenting injuries, treatment, and the cause of death
- Police or accident reports containing information gathered shortly after the incident
- Witness statements from people who saw the accident or events leading up to it
- Photographs and video footage showing the accident scene, vehicles, property conditions, or other relevant details
- Expert testimony explaining technical issues such as accident reconstruction, medical causation, or future financial losses
- Financial records documenting the deceased person’s income, benefits, and financial contributions to the household
Other evidence may become important as the circumstances are investigated. A commercial vehicle case could involve driver logs, maintenance records, or company documents, while a dangerous property case could require inspection records, maintenance histories, or prior complaints. Evidence about the deceased person’s relationship with surviving family members can also help establish certain losses resulting from the death.
Why Is Prompt Investigation Important?
Some of the most useful evidence in a wrongful death case can disappear quickly. Surveillance footage may be erased, physical conditions at an accident scene can change, vehicles may be repaired, and witnesses’ memories can become less precise over time.
An early investigation gives your attorney an opportunity to identify potential evidence and take steps to preserve it. This may include photographing the scene, requesting video footage, locating witnesses, obtaining records, or notifying another party that relevant evidence should not be destroyed.
Starting early can be particularly important when a business, government entity, trucking company, or other organization controls records that may help establish what happened.
How Casper, Meadows, Schwartz & Cook Can Help
When you are dealing with the death of a family member, gathering evidence for a legal claim should not fall entirely on you. We can investigate the circumstances, obtain relevant records, interview witnesses, and work with appropriate professionals when medical, financial, or technical questions need to be addressed.
Our firm has represented families in wrongful death cases arising from vehicle crashes, unsafe property conditions, and other forms of negligence. We use the evidence we uncover to establish how the death occurred, identify the parties responsible, and document the losses the family has suffered.
Get Answers About Your Family’s Wrongful Death Claim
If you lost a loved one because of another party’s negligence, getting legal help early can make it easier to preserve evidence and determine your next steps. Contact Casper, Meadows, Schwartz & Cook to discuss what happened and how we can help pursue accountability and compensation for your family.