If your loved one died because of someone else’s negligence, you may choose to file a wrongful death case against that person. When you contact a lawyer in Tracy to determine if you have a case, he or she will need certain evidence to proceed with the suit and pursue damage on your behalf. Here is a look at some of the evidence your attorney will need to put your wrongful death case together.
Death Certificate and Reports
Your lawyer will need as much information as possible about how your loved one died. This means that he or will need a copy of the official death certificate that lists the exact cause of death. He or she will also need a copy of any police reports associated with the death or any event that contributed to the death, such as a report from the scene of a car accident. If there was an autopsy, your attorney will also need a copy of that report. In cases that involve medical malpractice, your lawyer will need copies of medical reports as well.
Evidence of the Relationship
As part of your wrongful death case, your attorney will need to show that there was a relationship between your lost loved one and the person you are holding responsible for his or her death in which that person owed your loved one a duty of care. This relationship can be the expectation that a doctor will act in the best interest of his or her patient or the responsibility of a driver to drive safely to protect other people on the road. Your attorney can tell you what kind of evidence will best prove this relationship in your specific case.
To determine what claim you may be entitled to, your attorney will need to calculate both the financial and emotional cost to you of losing your loved one. One strategy he or she will use to prove the financial loss is to show the income your lost loved one contributed to your household in the past and how that lost income will affect your family financially.