To prove fault in a wrongful death claim, it is essential that you can provide evidence that shows how exactly this person’s life ended prematurely as a result of someone else’s negligence or wrongdoing. Once this has been proven beyond doubt, you can expect compensation for your loss from those responsible for causing it. A Personal Injury Lawyer in Apple Valley can help you navigate the legal process and get the compensation you deserve.
The first is through direct evidence.
This means that you have eyewitnesses or physical evidence that proves a particular person was at fault for your loved one’s death. For example, if a car accident occurred and you have witnesses who saw the driver run a red light and hit another vehicle, that person would be considered negligent for causing the accident.
Physical evidence includes photographs, medical records, and other documents that show how the decedent was injured or killed. Physical evidence can prove that a person was responsible for another person’s death. It can also confirm that the decedent did not die due to an accident or natural causes.
You could have circumstantial evidence that shows negligence occurred.
This type of evidence doesn’t directly show fault but points to it indirectly. So, for example, if someone drives recklessly and causes an accident while speeding but doesn’t hit anyone or any property, they still could be liable for negligence because their behavior showed that they were acting carelessly or recklessly behind the wheel.
Gathering this information can be difficult if you don’t know where to look for it or how to get it from local authorities who might not want to share their findings with someone who isn’t directly involved in the investigation. A lawyer can help ensure all of these pieces come together and present a complete picture of what happened on that day when your loved one died.
Finally, you could use expert testimony as part of your wrongful death claim to prove your case in court. This type of testimony comes from someone who knows about the facts of your case and can explain what happened to show why someone acted negligently leading up to your loved one’s death.
Things to Keep in Mind
The types of evidence needed to prove negligence vary depending on the facts of each case. For example, suppose someone is injured in a car accident and dies several years later due to complications from the crash. In that case, evidence about the collision may not be relevant to proving negligence for establishing causation. However, evidence about how doctors treated injuries sustained in a car accident could be highly relevant to proving the defendant’s negligence. A lawyer can gather evidence by interviewing witnesses, obtaining police reports and medical records and requesting inspection reports from mechanics.