Wrongful Death Lawsuit Payout: Best Evidence to Maximize it

What is a wrongful death lawsuit? Wrongful death mainly occurs due to the negligence or malicious intent of another person. The spouse and family members of the deceased, and parents of an unborn child can pursue wrongful death lawsuit, if the victim lost life due to someone else’s negligence. Wrongful deaths can occur in any scenarios such as auto accident, premises liability, and work place or construction accidents.

Proving a wrongful death claim needs establishing the negligence of the defendant in causing the injuries or death of the victim. Like any other personal injury lawsuit, wrongful death also needs to prove four major elements to get deserving wrongful death lawsuit payouts:

• Defendant owed a duty of care to the victim
• Breach of duty by being negligent
• Negligence or breach of care directly caused the death of the victim
• Damages incurred due to the negligence

Types of Evidence in Wrongful Death Claims

To prove liability and establish damages, presenting compelling evidence is highly crucial. Stronger evidence can always promise more payout. To maximize the wrongful death lawsuit payout, we need different types of evidence listed as below:

• Medical records: Medical records of the victim can give a comprehensive idea of the cause of the victim’s death. Medical documents usually include diagnostic imaging, lab results, physician’s chart, prescribed medications and their dosages, medical evaluations, procedure notes and therapy recommendations and effectiveness of the treatments.
• Accident reports: Accident report or police reports of the accident such as in motor vehicle accidents or slip and falls can provide valid details of the accident, and evidence seen at the scene of accident. These unbiased accounts from law enforcement officials can form the strong base in proving wrongful death.
• Eyewitness statements: Eyewitness statements play crucial roles in proving the negligence from the part of the defendant. These statements when taken at the scene of accident gains more importance as memories can fade and vital details might be missed later.
• Photos and videos: Photos or videos of the accident site, and the injuries sustained in auto accidents, slip and falls, construction accidents and so on can act as cornerstone among all the evidence in proving wrongful death. In medical negligence claims, documentations on bed sores or wounds at different intervals can be used to prove deterioration of wound due to the negligence of healthcare professionals.
• Autopsy reports: Autopsy reports can unearth the root cause of the victim’s death. This report is given by the coroner after the detailed analysis of the victim’s body. It can easily point out if the negligence of the defendant’s negligence caused the loss of life. This is very much valuable in medical malpractice claims.
• Death certificate: Death certificate of the victim can give the exact time and cause of the death. Verified and signed by the coroner, victim’s death certificate plays a significant part in proving negligence in wrongful death legal issues.
• Expert testimony: Expert witness testimony can be a highly weighed evidence in proving wrongful death lawsuits. These witnesses, proficient in their respective fields, can offer valid opinions after analyzing the medical records and other reports of the victim. Expert witnesses may include medical experts, accident reconstruction or biomechanical experts, psychologists and so on.
• Medical bills: Medical bills for the victim’s treatments pertaining to the subject accident including surgical procedures, therapy or medicine expenses can prove the financial toll on the victim’s family.
• Documents of funeral expenses: Documents on the funeral or burial expenses of the victim can establish the financial burden on the bereaving family.
• Financial records such as pay slips and tax return records: Pay slips or tax-related records of the victim can be essential in calculating the wages lost, financial support available to the victim’s family or dependents and other financial losses.
• Life care plans: In the cases, where the victim underwent significant treatment before death, life care plan can detail the extent of treatment costs and other modification costs can prove the suffering of the victim before death and the expenses incurred.
• Testimony of family members: Statements from family members on their relationship with the victim and the financial and guidance that they were receiving from the victim are vital. These testimonies can help in assessing the loss of companionship, guidance, financial support and emotional distress of the close family members.

How to maximize wrongful death lawsuit payout?

Employing a medical record review solution can boost the legal proceedings in wrongful injury cases. They can analyze all the documents noted above thoroughly and cherry pick the vital evidence that can boost claims. They can combine factual evidence with the personal stories to compelling chronological summaries or narrative reports.

These strong and vital narratives can be used to prove liability, damages and afford a strong evidence base during arbitrations or settlement negotiations.

The strong pieces of evidence collated from the records can definitely make the court understand the following and even persuade the jury to award maximum wrongful death payout:

• Degree of negligence on the part of the defendant
• Pain and suffering undergone by the victim before death
• Extent of treatments provided and their relevant costs
• Financial burden on the family due to the accident
• Lost guidance and loss of consortium
• Future loss of financial support from the victim to the family

To wrap up,

Proving wrongful death lawsuits can be complex as the responsibility of proving the defendant’s negligence in causing the victim’ death falls completely on the shoulders of the victim’s family and legal representatives. Collating all the vital documents discussed in the article can build a strong foundation for wrongful death claims. Medical record review company like LezDo TechMed, with their vast experience and expertise can come to the aid of attorneys and law firms in ensuring high wrongful death lawsuit payouts for the victim’s bereaving family.