How to Prove a Wrongful Death Claim
Learning that your loved one died as a result of someone else’s careless actions is devastating and life-changing. Filing a wrongful death claim can help you hold the parties who caused or contributed to your loved one’s death legally responsible for what happened. However, your burden of proof in this case is high. Here’s how to collect evidence and what our experienced wrongful death lawyers can do to help.
Meeting Legal Requirements
In order to bring forward a legal claim for your loved one’s wrongful death, your case must meet specific legal requirements. This includes proving that:
- That someone owed your loved one a duty of care
- That the person knowingly or carelessly breached that duty
- That the breach caused your loved one’s untimely death
- That you have standing to file a wrongful death lawsuit
- That your loved one’s death resulted in measurable damages
An example of this might be if a drunk driver hit your family member while they were crossing the street. All drivers owe a duty of care to others on the road, which includes never getting behind the wheel of a car while intoxicated. When a fatal accident occurs, the drunk driver is automatically at fault.
Filing Your Claim
In Massachusetts, the only individual or entity that can bring forward a wrongful death claim is the executor or the administrator of your loved one’s estate. Even if you are the spouse or a dependent of the deceased, you must first become an estate administrator before filing a claim.
Typically, this process involves filing a petition with the probate court in your jurisdiction to be appointed as the executor along with your family member’s last will and testament if they had one. A judge will review your submission and determine if you have the right to distribute your loved one’s assets according to their wishes or bring a claim on their behalf.
Gathering Evidence
One of the most important components of proving that your loved one died as a result of someone else’s negligence is presenting strong evidence that is difficult to refute.
This evidence should establish that the defendant in your case had a responsibility to keep your loved one safe, failed to do so, and died as a result. It should also demonstrate the damages you’ve incurred, including having to take time off of work and pay for funeral expenses.
Key items in your court case can include:
- Medical records. These can help show how your loved one died and that they physically suffered as a result of the defendant’s actions.
- Witness statements. If anyone saw your loved one die, they may be able to recount what happened and paint a more accurate picture to the court.
- Expert testimony. Your attorney may want to work with specialists in related fields, such as doctors, medical examiners, and other individuals that can provide an expert look into your case.
- Photos and videos. While difficult to look at, photographs, video footage, and other visual evidence can go a long way to proving how your family member died and how the defendant was involved.
- Accident reports. If your loved one was killed in a motor vehicle crash, a workplace accident, or other incident, you’ll need to get copies of the initial accident reports that were filled out by police or supervisors.
- Financial records. This includes bank statements, pay stubs, tax returns, asset reports, and other documents that show how much money your loved one made and how they contributed financially to the household.
- Journal entries or social media posts. If your loved one wrote about their experience in a journal or posted on social media talking about their symptoms or state of mind, these can help show that your loved one suffered prior to their death.
How Our Qualified Attorneys Can Help You Prove a Wrongful Death Claim
Putting together the compelling evidence you need to prove wrongful death can seem impossible when you’re grieving the loss of your loved one. Our team of experienced and caring attorneys can guide you step-by-step through the process of bringing forward a claim against the at-fault party so you can get the justice your family member deserves.
Call us today at (978) 744-8000 or (855) 693-9084 to get more information about filing a wrongful death lawsuit or to schedule a time for your free consultation. Or, contact us online and we’ll get right back to you.