The Evidence Needed for a Successful Wrongful Death Lawsuit
Every death causes anguish and a sense of loss for those left behind, but when the death was preventable and only happened because of someone else’s careless, reckless, or harmful actions, it’s even more devastating to close family members. When a death results from someone else’s actions, it’s legally a wrongful death in Utah.
A successful wrongful death claim to recover compensation requires the petitioner to provide compelling evidence to support the claim. A wrongful death lawyer in Salt Lake City can get you the justice a loved one deserves in the event of a fatal accident .
Call (385) 404-6398 today to schedule a free consultation.
Evidence of Neglience In a Utah Wrongful Death Lawsuit
A wrongful death claim is a type of personal injury lawsuit. If the decedent could have filed a personal injury claim if they’d survived, then a close family member or heir of the estate may file a wrongful death lawsuit. But first, it’s necessary to provide evidence that another party’s negligence or intentional wrongdoing caused the death. The type of evidence varies widely depending on the type of injury that caused the death. Examples include the following:
- A police report
- A medical report or medical examiner’s report
- Evidence from the scene of the injury, such as photos or security camera video
- Accident or incident reports from a workplace
- Evidence that a product was defective and caused an injury
An experienced Salt Lake City personal injury attorney investigates the accident or incident that caused the death and compiles evidence of negligence or intentional wrongdoing to present during negotiations with the appropriate insurance company or in court.
Evidence That the Negligent or Intentionally Harmful Actions Caused the Death
A successful wrongful death lawsuit requires evidence of causation, or proof that the negligent or wrongful actions directly caused the death. In other words, if a person has a car accident and then dies of a heart attack the next day, the heart attack may not be directly linked to the accident; however, if they died of internal bleeding from their accident injuries, the medical report provides evidence of direct causation. Other forms of causation evidence include the following:
- A medical examiner’s report
- An emergency responder’s report from the scene
- Eyewitness testimony
- Expert witness testimony
The evidence must show that the at-fault party’s actions or negligence directly caused the injury.
Evidence That a Family Member Suffered Damages From the Death
In order to file a wrongful death claim seeking compensation for damages, it’s necessary to first show that there is an eligible family member to compensate. Typically, this is the closest surviving family member, such as a spouse, parent, or child of the deceased person. Anyone who is the direct heir of the decedent and who suffered financial consequences from the death, such as the loss of a provider’s income, is given first consideration in a wrongful death lawsuit. If there is no close family member left behind, the court may consider a lawsuit brought by a sibling, grandparent, or the representative of the decedent’s estate.
Evidence of Economic and Non-Economic Damages From the Death
Finally, it’s necessary to show evidence that the close family member who files the wrongful death claim suffered damages from the death. “Damages” in this case refers to economic consequences such as funeral costs, the loss of a provider’s income, or the loss of a necessary household service, such as a parent who cared for small children. Evidence includes:
- Financial statements
- A funeral home invoice
- Tax forms proving income
- Evidence of lost benefits, such as health insurance or a retirement package provided by the decedent before their death
Damages also include the emotional impacts of the death, such as the family members’ grief and anguish, loss of companionship and consortium, or the loss of a parent’s guidance and support.
How Can a Utah Wrongful Death Lawyer Help?
An experienced wrongful death attorney in Utah investigates the accident and compiles strong evidence supporting the claim. Call Handy & Handy today at (385) 404-6398 or contact us online to speak to a wrongful death lawyer who can help your family gain the compensation and financial accountability they deserve.