Crucial evidence for building a strong wrongful death case can include police reports, medical records, witness statements, expert witness testimony, accident reconstruction reports, and more. Evidence that is crucial for building a strong wrongful death case can vary greatly based on the type of accident or injury that led to a loved one’s demise. You do not have to obtain and organize evidence on your own if your loved one passed away in a fatal accident.
When you hire a local Dallas wrongful death lawyer, they can gather strong evidence for you. They will conduct an independent investigation, including requesting needed documents and collecting physical evidence. While they build your case, your family can focus on making necessary arrangements and taking care of each other.
Crucial Evidence That Proves Negligence Caused Your Loved One’s Demise
Wrongful death is an example of a personal injury lawsuit, meaning you have to prove negligence to pursue damages from the at-fault party. The evidence your insurance claim or lawsuit requires will vary based on the cause of your loved one’s demise but can include:
- The decedent’s death certificate
- Accident scene and injury photos
- Accident reports
- Emergency first responder reports
- Financial records
- Surveillance footage
- Photographic evidence
- Medical and autopsy records
- Statements from accident eyewitnesses
- Financial and economic expert witness statements
- Forensic expert statements
One of the goals of collecting relevant evidence is to prove the elements of negligence—duty of care, breach of duty, causation, and damages. A strong case file will do this for you in addition to steering your case toward an out-of-court settlement.
Commonly Reported Causes of Wrongful Death in Texas
Texas Civil Practice and Remedies Code § 71.002(b) allows your family to recover damages for the loss of a loved one due to negligence. One way to understand whether the cause of your family’s loss constitutes wrongful death is to consult a local law firm. Many will review the merits of your case at no cost.
Accidents that can lead to a wrongful death claim include:
- Dog bite
- Car accidents
- Truck accidents
- Oilfield accidents
- Defective product incidents
- Medical malpractice
- Motorcycle accident
- Pedestrian accident
- Slip and fall accident
- Motorcycle accidents
- Construction accidents
- Dangerous drug cases
The law firm reviewing or handling your case will define and document the negligence that caused your loved one’s demise and entitles your family to favorable financial recovery options.
Damages Your Family Can Recover From a Wrongful Death Case
The loss of a loved one can leave your family in financial disarray. While nothing can atone for the loss your family experienced, you can recover damages for the financial toll it takes. Wrongful death damages can include:
- The costs of making your loved one’s final arrangements
- Loss of your loved one’s current and future financial support
- Loss of your loved one’s domestic contributions to your family
- Loss of consortium, companionship, advice, and guidance
As part of your evidence collection, your personal injury lawyer will also compile proof of the accident’s financial impact and submit it to the liable party and their representatives. This portion of your case file will include medical bills and proof of income.
Which Family Members Can Receive Wrongful Death Compensation?
The sudden and unexpected loss of a loved one will affect many people—family and friends. Texas law, though, defines who can recover compensation from a wrongful death case. In general, that includes:
- The deceased person’s parents
- The deceased person’s spouse
- The deceased person’s children
If you were related to the decedent in another way and relied on them for financial support, you could also be entitled to compensation. A wrongful death lawyer can help you explore your rights. They can also clarify who can file a wrongful death action and any applicable filing deadlines.
What You Need to Know About the Wrongful Death Statute of Limitations
In the state of Texas, you generally have two years from the date of the accident to file a wrongful death lawsuit, according to Texas Civil Practice and Remedies Code § 16.003. The filing time frame is mandatory but can also be confusing since it can fluctuate based on:
- The decedent’s age at the time of the accident
- Certain actions taken by the at-fault party
In addition to these potential complications, if the filing deadline is not met, your lawsuit could be thrown out of court, if you are allowed to file it at all. Either outcome could mean you cannot legally compel the at-fault party to compensate you.
A local attorney will have familiarity with state laws and can help you understand the potentially costly consequences of misinterpreting or otherwise not meeting the statute of limitations.
A Wrongful Death Attorney Can Handle the Difficult Task of Evidence Collection
Collecting evidence related to the demise of a loved one can be an emotionally triggering undertaking. When a lawyer represents you, they handle this challenging process for you. They will complete all of the following tasks to build your case file:
- Request copies of official documents
- Canvass for available video footage
- Locate and interview witnesses
Your attorney will also identify and consult with experts, including medical and financial professionals.
Additional Benefits of Hiring a Wrongful Death Lawyer to Represent Your Family
Evidence is only one of many reasons it is important to have a legal expert working on your personal injury case. Additional reasons include:
- Protecting your rights as the surviving family
- Assigning an accurate value to your case
- Bringing valuable resources to your case
- Clarifying legal and insurance language
Your lawyer will field all settlement offers, make appropriate counteroffers, and carefully examine the feasibility of each offer you receive. They will also handle all verbal and written communication and provide you with ongoing updates as your case develops.
Hire Our Wrongful Death Attorney Today
If your family experienced the loss of a loved one due to negligence, our personal injury law firm will help you pursue financial compensation. We will collect the evidence that is crucial for building a strong wrongful death case and submit it on your behalf.
Leave the hard work of evidence collection to us. Get started fighting for your family today by contacting our consultation team at Loncar Lyon Jenkins for a free evaluation of your case.
