What evidence do I need to prove wrongful death?

What evidence do I need to prove wrongful death?

It is traumatic to lose a loved one, but it is even worse when that person died because of someone else’s negligence or intentional harm. It may not have occurred to you that you could file a wrongful death suit. These suits are much easier to prove than a criminal case.

People file suits for the wrongful deaths of children and the elderly as well as those who have earning potential. You will need to do the following in order to be successful in your suit.

Find the personal representative

Only the decedent’s personal representative can file a wrongful death claim. Your first step will be to determine who the personal representative is. If your loved one had a will, the person who administers the estate is the personal representative.

Gather evidence

You will need to gather evidence from the place where your loved one died. For example, if the decedent died on the job, collect any incident reports the company filed. If the death was by a car accident, get the police report. Also, get the statements of any witnesses who were on the scene where your loved one died. If the police have charged someone with a crime related to that person’s death, get the court records.

You also need the following documents:

  • Death certificate
  • Medical inspector’s report
  • Funeral expenses
  • Final medical expenses
  • Psychological care for you and other family members because of the death

If someone you love died because of negligence or abuse, be sure to get the compensation you deserve by filing a wrongful death claim.

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