Gathering Evidence in a Wrongful Death Case

Losing a loved one to the negligence or misconduct of another is emotionally taxing on its own without the added stress of taking legal action against the person or entity responsible for the event. Families can be confused about steps to take and unfortunately, the process of gathering evidence in a Sugar Land wrongful death case can feel like another overwhelming task. No two cases are alike, and the facts involved can influence how information is gathered. An experienced wrongful death attorney from our firm can point families to key issues, help gather and preserve essential evidence, find experts, and accompany those families through the stressful process of providing the elements needed to recover in full.

The Kind of Wrongful Death Case Influences Who Gathers the Evidence

Confusion over what needs to be shown in a wrongful death claim usually arises from two sources: first, how a wrongful death case is different from a criminal case, and second, why some wrongful death cases require more investigation. A criminal case is based on punishing the defendant for an act, which results in a higher burden of proof on fewer facts. A wrongful death case, on the other hand, is based on financially compensating the family for their loss. This results in a lower burden of proof but many more facts.

Additionally, the evidence to be gathered in a wrongful death case in Sugar Land depends on the kind of conduct involved. An intentional conduct-based wrongful death case is often focused on the act, including the intent to commit it and how it caused the harm. A negligence-based wrongful death case is focused on more components. The family has to show that the defendant owed the deceased a duty, that the duty was breached, that the breach caused the harm, and the damage that occurred from the harm. Many of these elements are dependent on the circumstances and may require records and memories in danger of fading. It is important that a family begin gathering and preserving evidence as soon as possible.

What Evidence Should Families Collect?

The evidence needed to show the financial loss of a loved one may differ from family to family. Some records may be similar, however. In general, most Sugar Land families will need to request, gather, and preserve the following kinds of evidence in a wrongful death case:

• Documents related to the accident, such as police reports, eyewitness testimony, surveillance videos, site records, and property maintenance documents
• Medical records, including the treatment and care given to the deceased, autopsy records, or a coroner’s report
• Treatment records that establish pain and suffering by the family, such as doctor’s notes or notes from a counselor or clergyperson that shows anxiety, depression, insomnia, or decreased appetite, and any medications used to treat these conditions
• Pay records, such as pay stubs, contracts, tax returns, or bank accounts
• Documents that show the deceased person’s career advancement path, including progress towards promotions, professional certifications, or special trade status
• Funeral home charges, as well as burial costs

Other examples include physical evidence such as a defective product or photos from an auto collision site.

Let Our Sugar Land Attorneys Help Your Family Gather Evidence for a Wrongful Death Case

Aside from helping a family plan a course of action in court that advocates for their rights, an attorney can reduce the emotional drain on a family by helping them gather the facts they need to meet their burden of proof. Gathering evidence in a Sugar Land wrongful death case and preserving important documents before they fade can be difficult. Our team’s understanding of the complex details can help reduce the difficulty of the legal process during this period of loss. Call today for a consultation with a caring legal advocate.