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4 Types of Evidence to Support Your Wrongful Death Claim


4 Types of Evidence to Support Your Wrongful Death Claim

Losing someone close to you is always a devastating experience. However, when their death is a direct result of someone else’s negligent behavior, this already tragic incident can be especially heart-wrenching.


Although no sum of money can ever help erase the sadness, trauma, and distress you will experience, filing a wrongful death action against the at-fault parties may offer a sense of justice. Additionally, a financial recovery may help provide funds necessary fill the financial gaps left by the wrongful death and help to hold accountable those responsible for your loss.

Because wrongful death cases can have significant value, they are often vigorously defended and require litigation to resolve.  Defense attorneys and insurance carriers will work to minimize their liability and reduce how much they must pay out.  To prevail, you will need to have a strong case backed by evidence to establish both liability and damages.

In this article, we look at a few types of evidence that might help bolster your case:

1. Photographs and Videos

Whether your relative was killed in a hit-and-run, truck wreck, or slip and fall, it is important to document every aspect of the accident scene as soon as possible. Typically, the scene of a crash will leave clues indicating who was responsible for causing the accident, such as vehicle debris or skid marks.

Additionally, surveillance camera recordings might show that another party was engaging in negligent behavior in the moments before impact. An accident reconstructionist may be able to use these images and videos to map out a timeline of events and identify the liable party/parties.

2. Eyewitness Statements

Anyone who saw the accident may be able to provide testimony to support your case. For example, if your loved one was killed after slipping at a grocery store, another patron could help confirm the presence of a dangerous condition. If you are able to speak to any eyewitnesses, you should note their contact information and share it with your attorney during the first meeting.

3. Medical Records

If your loved one was admitted to the hospital before they died, their medical records will likely play a pivotal role in any claim. Not only will these documents include details about the injuries suffered, they might also contain information about the treatments received—and the associated costs—before their death. You should also obtain a copy of the death certificate if possible to bring along to your first consultation with a wrongful death lawyer.

4. Financial Documents

There are various types of damages that may be recovered under Florida law in a wrongful death case.  These damages can include non-economic damages, such as pain, suffering, etc., as well as financial losses such as medical bills, funeral expenses, and loss of net accumulations to the estate. That is, you may be able to recover money for the lost wages and earning capacity of the person who passed away in some cases, as well as the value of any lost support and services.

Discuss Your Situation with a Wrongful Death Attorney in Miami

Did you lose a loved one because of the negligent or reckless actions of another party? Turn to the legal team at Viñas & DeLuca, PLLC, for help. We can review your claim as part of a free consultation wherein we can share effective strategies to help you recover compensation. Contact us today at (305) 372-3650 or skip over to our contact page HERE to set up a time for a case review with a Miami wrongful death attorney.