Managing Partner
When families lose a loved one due to someone’s negligent or intentional wrongdoing, they may have the right to pursue a wrongful death lawsuit. But the burden will be on the plaintiff to prove their case. This is where compelling evidence can make a difference in the outcome.
Retaining knowledgeable legal counsel is one of the most important steps you can take to develop the proof you will need. Connect today with the New York wrongful death lawyers of Dell & Dean PLLC.
Why You Need Strong Evidence
The burden of proof in a wrongful death lawsuit rests with the plaintiff (the personal representative of the deceased). In general, the plaintiff has to prove the following elements:
- That the defendant acted negligently
- That this negligence caused the deceased victim’s death
- There are eligible survivors, namely the spouse, children, or other beneficiaries or dependents
- These survivors have suffered financially due to the victim’s death
Without evidence, you will not be able to prevail in your lawsuit. Some evidence may be in your possession, while in other cases, the at-fault party and third parties will have the evidence. Your lawyer can use the discovery process to obtain the proof you need.
The Documentation and Testimony That Will Help Your Case
The exact evidence that you will need depends on the specifics of your New York wrongful death lawsuit. It may include the following documents and testimony:
- Proof the victim died: A death certificate, attending physician statement, or other record is usually enough. For a death occurring outside the country, more evidence may be needed.
- The victim’s final actions: What exactly the victim was doing just prior to their death will likely prove relevant. Eyewitness testimony can help establish this.
- The relationship between the victim and defendant: This may be important to show that a duty of care existed. A contract, lease, hospital record, or other document may suffice.
- Medical records: These documents could show the nature of the victim’s injuries, what exactly happened just before death, or if medical negligence (malpractice) was involved.
- Funeral and burial records: Since a family can win compensation for the expenses related to the victim’s funeral and burial, these records are important.
- Income records: Proof of what the deceased victim earned just before death will demonstrate the family’s resulting financial loss. Pay stubs, tax returns, and employer statements are examples.
- Photos, videos, and audio recordings: Some of the most dramatic proof in a wrongful death lawsuit comes in the form of recorded images. An audio recording may also prove relevant.
- Internal documents: In some wrongful death cases, internal documents can demonstrate negligence or disregard for a victim’s safety. Your New York wrongful death attorney can subpoena these.
- Witness statements: Statements from people who directly observed the wrongful death are always valuable. They can provide independent, third-party confirmation of basic facts.
- Personal testimony: Surviving relatives should be prepared to testify about how the wrongful death affected them and their family.
- Expert witness testimony: An expert witness can substantiate the various elements of a wrongful death case, including the monetary value of the damages.
Making the Case for Justice
Your attorney can determine if you need other evidence, depending on the allegations and damages in your case. The important thing to remember is that the earlier you take legal action, the stronger your claim will be.
Schedule your consultation today with the New York wrongful death attorneys of Dell & Dean PLLC. We can review the details of your claim and then get to work compiling the evidence to prove it. Complete our online contact form to get started.
