wrongful death attorney los angeles

What Evidence Do You Need When Filing a Wrongful Death Claim?

Filing a wrongful death claim on behalf of your loved one can be an emotionally triggering and painful experience for the close friends and family members left behind. We know there is no replacement for the life lost, but working with a wrongful death attorney (Los Angeles) to get you and your family the justice you deserve may bring a sliver of light during the grieving process. 

We do not doubt the difficulty of your situation, which is why we are here to support you through the legal proceedings. Filing Los Angeles personal injury and wrongful death claims is what we do on a daily basis. We provide the necessary information for filing a wrongful death lawsuit, easing your burden during a challenging time. 

This article explains the evidence required to file a wrongful death claim in Los Angeles. It aims to help you approach the legal process with confidence. But as always, our Los Angeles wrongful death law firm can provide unparalleled experience and expertise so that you can receive individualized guidance and get answers to specific questions about your case.

What Constitutes a Wrongful Death Claim?

Let’s start with the basics. When we say wrongful death, we mean a type of injury that resulted in the death of a victim due to the defendant’s negligence, misconduct, or wrongful actions.

If you choose to file a wrongful death claim in Los Angeles, CA, you must prove the claims are more likely true than not, according to the burden of proof. You must gather evidence to show that the defendant’s negligence may have caused your loved one’s death.

Spouses, dependents, and some other surviving family members have the right to seek damages for wrongful deaths in California. A Los Angeles wrongful death attorney can help you fight for those damages.

But remember, due to California’s statute of limitations, you are typically required to file a wrongful death claim within two years of the date of the death. Check out our Personal Injury and Wrongful Death Glossary for more insight into the complex legal jargon. Don’t worry, we broke it down into simpler terms for you. 

Example of a Wrongful Death Claim in California

Imagine your grandmother passes away in a Los Angeles nursing home much sooner than the nurses had originally predicted. You become suspicious of the circumstances and want to figure out why this happened.

Investigations reveal that the nurses neglected your grandmother’s medical needs and failed to consistently give her the medications she was prescribed. The nurses’ negligence may have been responsible for your grandmother’s early death.

With the help of a wrongful death attorney in Los Angeles, you may decide to pursue a claim against the nursing home. Before bringing the wrongful death claim to court, you will need to collect specific evidence to prove the nurses’ negligence. 

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Evidence You Need to File a Wrongful Death Claim

The evidence you need to gather to get compensated for a wrongful death claim should demonstrate how the defendant’s negligence directly led to the death of your family member. The evidence you need will vary based on your situation, but usually, you can expect to collect the items described below. 

We highly suggest contacting a specialized Los Angeles wrongful death attorney to ensure you gather the proper evidence required for your specific claim. 

Proof of Negligence

Proof of negligence is the overarching piece of evidence you need to win a wrongful death case. This means collecting any necessary documentation and information that proves the defendant’s negligence caused the victim’s death. You want to be able to show that the other party did not exercise enough caution or care, resulting in the fatal outcome.

In collaboration with a wrongful death attorney (Los Angeles), you will typically need to demonstrate four elements of negligence: duty of care, breach of duty, causation, and damages. To do so, we suggest gathering the rest of the evidential documents listed below as they relate to your case.

Insurance, Expenses, and Financial Information

When filing a wrongful death claim, it is important to document the financial impact and expenses resulting from the death. Gathering evidence such as the deceased’s income records, tax returns, pay stubs, and an assessment of potential future earnings helps establish the economic losses incurred by the surviving family members. You will also want to document funeral and burial expenses.

If the responsible party has insurance coverage, collecting information about the insurance policy and coverage limits is crucial. This will help assess potential damages and determine the compensation you may receive during legal proceedings down the line.

Medical Records and Death Certificate 

In the process of filing a wrongful death claim in Los Angeles, obtaining and presenting medical records acts as important pieces of evidence in showing the connection between the cause of death and the defendant’s careless and negligent actions.

Medical documentation can provide insights into the treatment received, the progression of the injury or illness, and other factors contributing to the fatal outcome. A death certificate is legal proof of the date, time, and official cause of death.

Witness Statements and Testimonies 

Contact witnesses who saw what happened or can provide evidence of the responsible party’s negligence. Gathering statements from these witnesses will be helpful during court proceedings.

We also recommend obtaining expert testimonies and professional opinions on the cause of death, standard of care, extent of damages, or any other issue related to your case.

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Police or Incident Reports

If your loved one was involved in a car crash, such as an Uber accident or truck fatigue accident, you will want to have the official police report on hand. Police and incident reports are a rich source of information, ideally providing the lowdown on what really went down.

If the wrongful death case you are filing was related to some other type of accident, like a trip and fall, any relevant investigative or police reports will be crucial pieces of evidence, too.

Take Advantage of a Free Consultation

When filing a wrongful death claim, whether workplace-related or not, you will not succeed without crucial pieces of evidence. A lawyer in Los Angeles who specializes in wrongful death cases can help you collect the exact documents you need to present in court so that surviving loved ones have the opportunity to receive financial support to recover funeral expenses, loss of income, and loss of companionship.

John J. Perlstein, one of the best wrongful death attorneys in Los Angeles, has over 25 years of experience securing fair and just outcomes in personal injury cases and wrongful death cases. He will ensure accurate compensation for victims’ families.

You can reach us at (213) 583-5786. Or, fill out the form on our website to schedule a free consultation with one of our Los Angeles wrongful death attorneys. This consultation will provide you with an opportunity to tell us the details of your case and let us determine how we can help you get the justice you deserve following the death of your loved one.

Los Angeles Personal Injury Victim or Surviving Loved One of a Los Angeles Wrongful Death Victim?

It’s vital to take action now. Call (213) 252-1070 today or fill out the form below for a FREE consultation with a personal injury and wrongful death attorney (Los Angeles and the surrounding Southern California area).

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