Introduction
Cases involving wrongful death are one of the avenues which families take in order to seek answers after the untimely death of a family member due to someone’s carelessness. The types of evidence that need to be gathered in order to substantiate these claims are equally important for the lawyers representing the clients and their clients seeking representation.
The purpose of this article is to discuss the types of evidence that fall under wrongful death lawsuits, the legal issues that arise in the acquisition of evidence, and the role of our medical record review services in assisting attorneys to make a solid case.
The Types of Evidence for Wrongful Death Lawsuits
1. Medical Records
In the majority of the wrongful death lawsuits, medical records form the most important and crucial type of evidence. This is because they contain a comprehensive narration of what transpired with the deceased’s health, what sort of treatment was administered to them, and, if any, negligence issues on the part of the treating medical professional. Some of the medical records that are relevant in such cases include:
- Admission and Discharge Records: These documents outline the patient’s condition upon entering and leaving the healthcare facility.
- Treatment Notes: Progress notes from healthcare professionals that detail the patient’s treatment and response.
- Diagnostic Tests: Results from tests that may indicate misdiagnosis or delayed treatment.
Importance of Medical Records Review
The purpose of our medical records review services is to comb through these files for any inconsistencies, omissions, or signs of negligence that would aid in a wrongful death claim. Such records can be helpful to attorneys if properly analysed.
2. Witness Testimonies
In a wrongful death lawsuit, indeed, the parties’ witnesses can become the strongest argument. Eyewitnesses may have seen the circumstances right before the death; hence, they are ready to prove the existence of liability. Such testimonials are often assisted by:
- Bystander Accounts: Individuals who witnessed the incident can provide critical details.
- Expert Witnesses: Medical professionals or industry experts can testify about the standard of care and whether it was breached.
3. Expert Opinions
Expert opinions are often necessary, especially in cases involving complex medical or technical issues. These opinions can clarify the standard of care expected in a particular situation and whether it was met. For example:
- Medical Experts: May be able to say how a course of action taken by the healthcare provider was not in accordance with typical medical practice.
- Accident Reconstruction Experts: In instances of motor vehicle accidents, they can outline what vehicles led to the angle of collision needed.
4. Photographs and Videos
Visual evidence can be compelling in establishing the circumstances surrounding a wrongful death. This may include:
- Scene Photographs: Pictures depicting the scene of the accident or the relevant conditions that preceded the incident.
- Surveillance Footage: Footage that captured the happenings as they were taking place.
5. Financial Records
Financial records can help demonstrate the economic impact of the wrongful death on the surviving family members. This may include:
- Income Statements: Proof of earning by the deceased which could have been expected shortly before the death.
- Expense Records: Records of funeral and other related expenses for having encountered death.
Legal Considerations When Collecting Evidence
1. Chain of Custody
A well-ordered chain of custody is a critical requirement for the adequacy of physical evidence. It includes describing how evidence was obtained, stored and moved in order to be acceptable in a court hearing.
2. Statute of Limitations
There is a statute of limitation for each state in regard to wrong death suits. Lawyers have to be very quick to gather evidence and prepare the suit for within the times specified.
3. Privacy Laws
When collecting medical records, attorneys must comply with HIPAA regulations to protect patient confidentiality. This often requires obtaining consent from the deceased’s family.
4. Admissibility of Evidence
It is also crucial to supplement this knowledge with information on what amounts to admissible evidence. Such evidence must be relevant, reliable and obtained lawfully. It is also important for the advocates to be ready to accost any evidence that the adversary parties may bring forth around such parameters.
What Type of Evidence is Crucial in a Wrongful Death Lawsuit?
1. Direct Evidence
All direct evidence is proof or testimony which can show relevant facts. Medical evidence and lay witness testimony that directly shows that someone was negligent, such as medical records, are good examples.
2. Circumstantial Evidence
Circumstantial proof is an indirect source of evidence where people make claims based on what can be considered common knowledge. If a driver was going fast just before an accident which resulted in death, this could be suggestive of negligence although no one saw the driver speeding.
3. Documentary Evidence
All evidence which is in written form and arose from the case which includes police and medical records, letters and other communications, and documents between the parties.
What Kind of Evidence is Needed to Support a Wrongful Death Claim?
To effectively support a wrongful death claim, the following types of evidence are essential:
• Medical Records: In order to prove the grievance by linking the death cause and the negligent act.
• Witness Testimonies: To expose the surrounding circumstances and the entire picture of events before the death occurred.
• Expert Opinions: To resolve issues that require extensive medical or technical detail.
• Photos and Videos: To capture the scene and the situation in which it occurred.
• Financial Records: To show the financial strain that the remaining family members underwent or are still facing.
Case Study 1: Medical Malpractice
Overview: Misdiagnosis of a curable disease led to the demise of a patient.
Challenges: The family faced a daunting task, as they failed to provide evidence that healthcare negligence was the main factor that led to the death.
Solutions: Our services of reviewing medical records discovered inconsistencies regarding the provided treatment and were instrumental in proving the family’s case.
Case Study 2: Vehicle Accident
Overview: A driver died in a car accident caused by another driver’s reckless behavior.
Challenges: The family faced difficulties in establishing the other driver’s liability.
Solutions: Our expert analysis of the accident scene and witness testimonies helped establish the other driver’s negligence.
Conclusion
To conclude, wrongful death lawsuits are complex and require more than just kindness and compassion. Such cases require the knowledge of the types of evidence that need to be produced in order to develop an effective case. Such pieces of evidence range from medical records through witness evidence to expert input. Each contributes towards proving culpability and seeking damages on behalf of the bereaved family. We as a medical records review company, focus on helping attorneys in the US in retrieval and interpretation of key pieces of evidence such that the wrongful death claim case is well supported.
