Losing a loved one due to someone else’s carelessness or negligence is heartbreaking. When such a tragedy occurs, family members may pursue a wrongful death lawsuit to seek justice and financial compensation. In Dallas, the following individuals (also known as survivors) can file a wrongful death claim.
- Surviving spouse
- Children
- Parents
The personal representative of the deceased can file a wrongful death lawsuit if the above-mentioned individuals don’t file one.
It is also important to seek the assistance of skilled wrongful death lawyers in Dallas, TX. They are well-versed in local laws and can help you navigate this difficult process.
In this guide, we’ll walk through the types of evidence you’ll need to gather in order to build a strong wrongful death case.
What Constitutes a Wrongful Death Case?
A wrongful death case occurs when a person dies due to the negligence, recklessness, or intentional actions of another. According to the Centers for Disease Control and Prevention (CDC), it is a leading cause of death in the country, with over 200,000 unintentional injury deaths in the United States in 2022.
Common causes of wrongful death include car accidents, medical malpractice, workplace accidents, defective products, and criminal actions. In Texas, family members such as spouses, children, or parents can file a wrongful death lawsuit if the deceased person’s death was caused by another party’s actions.
Evidence Needed for a Wrongful Death Case
When pursuing a wrongful death case, gathering the right evidence is essential for proving that another party is responsible for the death of your loved one. Below are key pieces of evidence that will be needed:
Accident and Police Reports
If the wrongful death resulted from an accident, the accident and police reports are crucial pieces of evidence. These documents contain details about the event, including the parties involved, the cause of the accident, and sometimes a statement of fault. For example, if the death occurred in a car accident in Dallas, the police report may indicate whether the other driver was speeding or distracted.
Death Certificate
The death certificate is one of the most basic yet essential pieces of evidence. It provides confirmation of the victim’s death and includes information about the cause of death. This document is required to initiate any legal proceedings in a wrongful death case.
Witness Statements and Testimony
Witnesses who observed the event or who have important information about the circumstances surrounding the death can be crucial in a wrongful death lawsuit. Their testimony may help establish who was at fault or whether negligence was involved. Gathering witness statements as soon as possible can help preserve critical details before memories fade.
Autopsy and Medical Records
Autopsy reports and medical records can offer insight into the cause of death and whether medical negligence played a role. For example, if a medical professional made an error during surgery, the autopsy and medical records can help establish the link between the mistake and the death. These records may also provide evidence of the victim’s suffering before death.
Camera Footage and Photos
Surveillance footage from nearby cameras can serve as powerful evidence in a wrongful death case. Video footage can show the exact moment of an accident or incident, helping to clarify what happened. Photos taken at the scene, such as images of damage or injuries, can also serve as valuable evidence.
Financial Records
Financial records can demonstrate the economic impact of the victim’s death on surviving family members. For instance, pay stubs, tax returns, and other documents can prove the loss of income. These records are essential in calculating damages, such as lost future earnings or funeral expenses.
Conclusion
Pursuing a wrongful death case is never easy, but gathering the right evidence can strengthen your claim and help you secure justice for your loved one. The top wrongful death lawyers can guide you through the legal process, collect necessary documents, and ensure that your case is properly presented.
By Chris Bates
