What Evidence Should Be Included in a Wrongful Death Lawsuit?

Losing a loved one is unimaginably painful, and when someone else’s negligence or wrongdoing causes that loss, the pain is often compounded by anger and unanswered questions. Ohio law allows surviving family members to pursue a wrongful death lawsuit against the at-fault party, providing a pathway to hold them accountable and seek compensation for the devastating impact that death has had on their lives. However, it’s not as easy as filling out paperwork and making an appearance in court.

At Lafferty, Gallagher & Scott, we understand wrongful death cases’ emotional and legal complexities. Since 1973, we’ve helped grieving families in Ohio secure justice by collecting and presenting the necessary evidence to build strong claims. This post will help you understand the essential elements of a wrongful death case and the types of evidence you’ll need to include to prove your claim.

Key Elements of a Wrongful Death Claim

To successfully prove a wrongful death claim in Ohio, four critical elements must be established:

Duty of Care

First, you must demonstrate that the negligent party owed a duty of care to the person who passed. A duty of care is a legal obligation requiring individuals or entities to act responsibly and avoid causing harm to others. For instance:

• A driver must adhere to traffic laws.
• Property owners are required to create safe premises for visitors.
• Medical professionals are expected to deliver care that meets accepted standards.

Breach of Duty

Next, you must prove that the responsible party broke their duty of care. This means demonstrating that they failed to act as a reasonably prudent person would in the same situation. Examples include:

• A driver running a red light or driving while intoxicated.
• A property owner neglecting to fix hazardous conditions, like broken stairs.
• A doctor misdiagnosing a condition or making a surgical error.

Causation

Establishing causation is critical in a wrongful death case. This involves linking the breach of duty directly to the incident that caused the death. For example:

• If a speeding driver crashed into the decedent’s vehicle, you must prove that the excessive speed directly caused the fatal crash.
• If poor building maintenance led to a slip-and-fall accident, you must show that the hazard directly caused the death.

Damages

Finally, you must prove the losses resulting from the person’s death. These damages can include financial and non-financial harms, such as medical expenses, loss of income, emotional damage, pain and suffering, and funeral expenses.

Types of Evidence Needed for a Successful Case

Collecting strong and persuasive evidence is the backbone of any wrongful death claim. Below are the types of evidence you’ll need to gather to support your case.

Documentation of Financial Losses

Losing a loved one often leads to financial hardship. Evidence of the financial impact can include:

• Income Statements: Pay stubs, tax returns, and employment records to demonstrate the deceased’s earnings.
• Medical Bills: Documentation of the treatment costs incurred before the person’s death.
• Funeral and Burial Expenses: Receipts and invoices for associated services.

Proof of Loss of Relationship

Wrongful death cases often involve emotional damages tied to the loss of companionship, care, and guidance. Evidence may include:

• Witness Statements: Testimony from family members, friends, or other community members attesting to the deceased’s role in the family.
• Photos and Videos: Personal photographs and videos that illustrate the closeness of the relationship.
• Correspondence: Letters, emails, or other documentation showing the relationship’s nature.

Evidence of Mental Anguish

The devastation of losing someone you love is substantial. To prove mental anguish, you may present:

• Therapy Notes: Records from a psychologist, counselor, or therapist.
• Impact Statements: Written or spoken accounts from surviving family members.
• Family Testimony: Descriptions of how the death has affected daily life and emotional well-being.

Expert Testimony

Expert testimony often plays a very influential part in presenting complex information, such as:

• Economic Experts: To calculate lost wages, benefits, and future earning potential.
• Medical Experts: To discuss the cause of death and whether it resulted from the defendant’s negligence.
• Accident Reconstructionists: To provide detailed accounts of what likely occurred during the incident.

Why Is an Attorney Essential for Building Your Case?

Hiring an attorney to help gather evidence and build your case is crucial to ensure no critical details are overlooked. Attorneys have the experience to identify and collect the necessary evidence, like medical records, witness statements, and accident reports, while ensuring it is admissible in court. They are skilled at navigating complex legal procedures and can engage professionals whose insights might strengthen your claim. Attempting to handle this process alone can lead to significant challenges, including missed deadlines, improperly gathered evidence, or difficulty accessing the legal resources needed to prove your case. Without an attorney’s guidance, you may inadvertently weaken your position, jeopardizing your chances of securing the compensation and justice you deserve.

Let Us Be Your Partner in Justice

Proving a wrongful death case relies on having the right evidence, the right approach, and the right legal team. From documenting financial losses to compiling expert testimony, every detail matters. By taking these steps, you are not just seeking compensation but also ensuring accountability for negligence.

At Lafferty, Gallagher & Scott, we’re here to stand by your side during this challenging time. Contact us today for a free consultation, and let us help you build a strong case and achieve the justice your family deserves.