What Documentation Can be Helpful When Filing a Wrongful Death Claim?
In Ohio, when a person dies because of the neglect, wrongful act, or default of another party, the deceased person’s surviving loved ones can recover financial compensation through a wrongful death claim. Filing a wrongful death claim is a complex process. Claimants in such claims have the burden of proof. To succeed in your case, you need to show that the defendant owed your loved one a duty of care. You must show that the defendant breached this duty. Next, you need to demonstrate that the defendant’s neglect, wrongful act, or default directly caused the loss of your loved one. Finally, you must show that your loved one’s death resulted in quantifiable damages. You will need a variety of evidence to prove all the necessary elements. Below, we look at some of the evidence and documentation that might be helpful when filing a wrongful death claim.
- Death Certificate
The first piece of evidence you need for your wrongful death claim is your loved one’s death certificate. A death certificate is a legal document issued by a medical professional or the government that states when and where a person died and the manner and cause of death. If, for example, your loved one died due to a car accident, it will be noted on their death certificate.
- Your Loved One’s Medical Records
Another crucial piece of evidence to have in a wrongful death claim is the deceased’s medical records. Hospital records, diagnostic tests, treatment plans, doctor’s notes, and other medical records can help prove that your loved one’s death was a direct result of the defendant’s actions. Medical records are also used as proof of damages.
- Autopsy Report
An autopsy report contains details of the observations, tests, and examinations of a body. This report states the cause and manner of death. Medical examiners called pathologists conduct autopsies and list the manner of death based on medical and scientific evidence. An autopsy report can be vital in proving that your loved one’s death occurred due to the defendant’s actions.
- Police Reports
If the police were called to the scene after the incident that led to your loved one’s death, police reports can serve as vital documentation in your wrongful death claim. In a police report, you can find witness statements and the responding officer’s observations at the scene. Police reports offer an objective account of what happened.
- Witness Statements
Statements from people who witnessed what happened can be powerful evidence. Witness statements can help reconstruct the events leading up to the death of your loved one. Witness statements can corroborate your version of events.
- Expert Testimony
Expert testimony can be invaluable in your wrongful death claim. For instance, a medical expert might help share insight into the cause of your loved one’s death, or an accident reconstruction expert can reconstruct the accident and explain how it happened.
- Income and Employment Records
Income and employment records are crucial for proving damages. Income and employment records can help quantify lost wages and potential future earnings.
Contact a Columbus Wrongful Death Lawyer
Our Columbus wrongful death lawyers at the law firm of Brian G. Miller CO., L.P.A. are here to support you during this challenging time. Contact us today to schedule a consultation.
