A wrongful death lawsuit is an opportunity to hold another person accountable if their negligence resulted in your loved one’s death. These civil lawsuits will not lead to time behind bars, but they could result in a monetary award that eases the financial strain on your loved one’s spouse and next of kin.
If you believe you are entitled to compensation through a wrongful death lawsuit, it is important that you seek the guidance of a seasoned injury attorney familiar with these types of cases. Recovering fair compensation is only possible by proving another person is at fault. At Berry Law, our attorneys have the resources to collect the necessary evidence in an Omaha wrongful death case.
What Must You Prove in a Wrongful Death Case?
Not every death will lead to a viable lawsuit. For a death to be wrongful, there must be evidence that negligence played a role. There are four elements of negligence including:
- The responsible party owed your loved one a duty of care
- The responsible party breached that duty of care
- That party’s breach of duty caused your loved one’s death
- Your loved one’s death resulted in legally recognizable damages
If you wish to recover monetary compensation in a wrongful death case, you must establish all these elements through evidence. Proving that another person acted negligently and consequently caused you to suffer damages can be difficult without legal help. It is best to work with an attorney who can help you meet the burden of proof.
Commonly Used Pieces of Evidence
The evidence required to prove a wrongful death case will vary depending on the facts. You may need different items to prove negligence following a motor vehicle accident than you would in a case involving a defective product. That said, some evidence is more common than others.
The medical records of the deceased person are often pivotal in wrongful death lawsuits. This is especially true in cases where their passing did not occur immediately. Medical records could provide insight into how an act of negligence led to a fatal injury.
It is not uncommon for a wrongful death case to result from a criminal act. If the defendant in the wrongful death case was convicted of a crime, the records of that conviction could be used in your case.
Photographs and Videos
There are numerous ways photographic evidence could be used in a wrongful death case. From photos of a car accident scene to surveillance footage showing a slip and fall, photographs and videos can help the jury gain a deeper understanding of the case.
Many wrongful death cases require the testimony of a qualified expert. An expert could be any professional with relevant information about your case. For example, an accident reconstructionist could explain how a collision occurred, and an economist could explain the financial impact of your loved one’s passing.
Talk to an Omaha Attorney About Evidence for a Wrongful Death Lawsuit
If you have lost a loved one due to the conduct of another person, you might be entitled to recover from a wrongful death lawsuit. An experienced attorney from Berry Law can help you protect your legal rights and give you a chance at securing a measure of justice. Reach out right away to learn more about gathering evidence in Omaha wrongful death cases.