When you lose a loved one because of someone else’s negligence or recklessness, you want to do everything in your power to ensure they are held accountable for their actions. While nothing can undo the damage that has been done, a wrongful death claim can provide some closure and justice.
The party who files the lawsuit has the burden of proof in wrongful death claims. This means that gathering convincing evidence in Connecticut wrongful death cases is crucial.
The specific pieces of evidence that will be most persuasive and useful will vary depending on each individual case. A wrongful death attorney can provide personalized guidance that is most relevant to your claim, but many cases will rely on some or all of the below documentation.
People involved in fatal accidents often require medical care prior to their passing unless death is instantaneous. And even then, a doctor must pronounce the death. Medical records can be vital pieces of evidence to establish the extent of injuries caused by the accident and show what they went through prior to passing away. Damages for conscious pain and suffering prior to death is one element that a jury may consider when arriving at monetary compensation. These documents can also be beneficial to connect the death to the accident.
Many times, the cause of death is clear, but in some circumstances, the cause of death is not clear, and medical records are key to proving the relationship between a negligent act and death. Importantly, an autopsy, if performed, can be invaluable in discovering the cause of death. You may be surprised to learn that an autopsy is not always required. If presented with an option to have one performed, typically, it is good to allow an autopsy.
Many wrongful death claims involve expert testimony. Depending on the type of accident, qualified experts can include doctors, engineers, or accident reconstructionists. Experts provide context and explanations of complex or niche fields of study, which can help the jury understand both the carelessness at issue and how that negligence caused the death.
Police reports are most often completed in car accident claims, and they are important in wrongful death claims that involve motor vehicle accidents. These reports are typically the initial piece of evidence after a collision and offer a third-party report of the accident. Car crashes are not the only type of wrongful death claim that could involve a police report, but they are a common scenario in which a police report could be used.
Having other people who can describe the accident and the actions of the at-fault party is especially important when the victim is unable to tell their story. This could include nurses who witnessed the medical negligence, pedestrians who saw the car accident, or neighbors familiar with a building’s hazardous conditions.
Wrongful death claims in Connecticut can include lost wages and loss of future income, and employment records can be used to calculate the total value of these damages.
Other potentially relevant documentation includes accident reconstruction reports, investigative reports by governmental agencies such as the Department of Public Health or the National Transportation Safety Board, financial records, and evidence that establishes and explains the quality of life of the decedent, such as photos and videos and the like. According to Connecticut law, funeral expenses can also be included in the financial damages for wrongful death, so documentation of the costs associated with the funeral and burial of the deceased is also relevant.
There are numerous factors to consider when pursuing a wrongful death claim. From the statute of limitations to litigating in court, gathering evidence in Connecticut wrongful death cases is just one of many elements to keep in mind. Preserving evidence is key, whether that be by way of early investigation to gather statements from witnesses while memories are still fresh or acquiring surveillance video before it is overwritten or downloading data from crash event recorders, to so much more. An early and thorough investigation is key to improving the chances of a successful wrongful death lawsuit.
Loved ones and family members should have the time they need to properly grieve and leave the legal work to lawyers who know best how to navigate the complexities of wrongful death litigation.
The attorneys at D’Amico & Pettinicchi, LLC, can help families investigate and litigate wrongful death claims and represent the estate executors and administrators who act on behalf of deceased victims. Our lawyers have over a century of combined experience advocating for clients in wrongful death cases, so contact us today to schedule your free consultation.
