Essential Evidence in Wrongful Death Claims
Losing a loved one because of someone else’s actions is devastating. If you're pursuing a wrongful death claim, gathering the right evidence is key to proving liability and securing the compensation your family deserves.
This type of case requires strong proof to demonstrate negligence, causation, and damages. Knowing what evidence to collect can strengthen your case and help you hold the responsible party accountable.
Fortunately, our staff at Hinrichs & Scott Injury Trial Lawyers in Kansas City, Missouri can help you through the process so you can move forward with confidence.
The Basics of Wrongful Death Claims
A wrongful death claim arises when a person dies due to the negligence, recklessness, or intentional misconduct of another party. These claims allow surviving family members to seek financial compensation for their loss. Missouri law outlines specific guidelines regarding who can file a wrongful death lawsuit, including spouses, children, and parents.
The compensation sought in a wrongful death claim can cover medical expenses, funeral costs, lost income, and emotional suffering. The success of a claim largely depends on the evidence gathered to support allegations of negligence and the extent of the losses suffered by surviving family members.
Establish Liability
To prove a wrongful death claim, you need to show that another party’s negligence or wrongful act caused your loved one’s death. The right evidence will help establish fault and make a compelling case.
Police reports and accident reports: Official reports provide important details about how the incident happened and may include witness statements or officer conclusions.
Eyewitness testimony: Statements from people who saw what happened can offer crucial perspectives on the circumstances leading to the death.
Surveillance footage: If a camera captured the incident, the footage can serve as powerful proof of how events unfolded.
Expert testimony: Specialists in accident reconstruction, medical fields, or other relevant areas can help explain how the defendant’s actions contributed to the fatal outcome.
Defendant’s records or history: In some cases, a history of negligence, safety violations, or prior similar incidents can support your claim.
Workplace safety violations: If the death occurred on the job, documentation of employer negligence, OSHA violations, or lack of safety equipment can establish liability.
Defective product evidence: If a product defect played a role, preserving the defective item and securing records of recalls, maintenance history, or expert evaluations can be crucial.
Once liability is established, the next step is proving causation. Without a direct link between the responsible party’s actions and the death, a claim may not be successful.
Prove Causation
Even if another party acted negligently, you must prove their actions directly caused your loved one’s death. This requires strong evidence that links the defendant’s behavior to the fatal outcome.
Medical records: Documentation from hospitals, doctors, or emergency responders can show the extent of injuries and the official cause of death.
Autopsy reports: If an autopsy was conducted, the findings can provide essential proof that the death was caused by the incident in question.
Toxicology reports: If substances like drugs or alcohol played a role in the death, these reports can confirm their presence and potential impact.
Accident reconstruction analysis: Experts can use physical evidence and data to recreate the incident and explain how it led to the fatal injuries.
Defendant’s admissions: If the responsible party made any statements admitting fault, whether at the scene or afterward, these can serve as valuable evidence.
Vehicle black box data: In car accident cases, data from the vehicle’s event data recorder (EDR) can provide information on speed, braking, and other critical factors before the crash.
Communication records: If negligence involved distracted driving, work emails, or safety violations, phone records, text messages, or employer logs can serve as key evidence.
After proving causation, it’s also necessary to document the financial and emotional losses that have resulted from the wrongful death. This evidence is essential in determining the amount of compensation the family may receive.
Document Financial and Emotional Losses
A wrongful death claim isn’t just about proving fault — it’s also about showing the losses suffered by the deceased’s family. Evidence of financial and emotional damages can impact the amount of compensation awarded.
Lost income and benefits: Pay stubs, tax returns, and employment records can show how much financial support the deceased provided to their family.
Medical bills: If the deceased received treatment before passing, these records help establish the financial burden created by the incident.
Funeral and burial expenses: Receipts and invoices for funeral services can show the direct costs the family had to bear.
Statements from family and friends: Testimonies about the emotional impact of the loss can help demonstrate the personal toll.
Expert financial analysis: Economists or financial professionals can assess future lost earnings, benefits, and household contributions.
Pain and suffering documentation: Diaries, therapy records, or expert testimony about the emotional and psychological impact on surviving family members can strengthen the claim.
Loss of companionship and guidance: If the deceased played a key role in the family as a caregiver, mentor, or provider of emotional support, statements from those affected can illustrate the depth of the loss.
Compiling this evidence takes careful planning and prompt action. There are several key steps that should be taken as soon as possible to protect and preserve vital proof.
Secure the Right Evidence
Gathering evidence for a wrongful death claim takes time and effort, but acting quickly can make a difference. Some types of evidence, like surveillance footage or witness statements, may become unavailable if too much time passes. The sooner you start collecting proof, the stronger your case will be.
Preserving physical evidence: If there’s any physical proof related to the incident, securing it immediately can prevent loss or tampering.
Interviewing witnesses promptly: Memories fade, so getting statements from witnesses as soon as possible helps maintain accuracy.
Requesting official reports: Police reports, medical records, and other official documents take time to obtain, so requesting them early is important.
Consulting experts early: The sooner experts analyze the case, the more time they have to develop strong, well-supported conclusions.
Working with an attorney: An experienced wrongful death attorney can assist with gathering evidence, filing paperwork, and advocating for fair compensation.
Even with solid evidence, a wrongful death claim can often face challenges that must be addressed to facilitate a successful outcome.
Challenges in Wrongful Death Cases
While wrongful death claims aim to provide justice and financial relief for surviving family members, they can present several challenges. Defendants and insurance companies often dispute liability, and proving the full extent of damages can be difficult.
Disputes over liability: The responsible party may deny fault, requiring strong evidence and expert testimony to prove negligence.
Insurance company tactics: Insurers may attempt to minimize payouts or shift blame, making legal representation crucial.
Statute of limitations: Missouri has a deadline for filing a wrongful death claim, typically within three years of the death. Missing this deadline can result in losing the right to seek compensation.
Proving non-economic damages: Emotional suffering, loss of companionship, and mental anguish are harder to quantify than financial losses, requiring compelling evidence.
Multiple liable parties: In some cases, more than one party may be responsible, complicating legal proceedings and settlement negotiations.
Although you may face challenges during a wrongful death claim, a skilled attorney will help you through them so you can get the compensation you seek.
Contact Our Kansas City Wrongful Death Attorneys Today
Wrongful death claims require substantial evidence to prove liability, causation, and damages. If you’re dealing with the loss of a loved one, contact Hinrichs & Scott Injury Trial Lawyers. We serve clients in Kansas City, Missouri, as well as Jackson County, Clay County, Platte County, and Cass County in Missouri, and Wyandotte County and Johnson County in Kansas. Reach out today to get started.
