The Role of Documenting Information in a Wrongful Death Claim
It is challenging to move on when someone close to you passes away. When a loved one dies due to someone else’s negligence, it is harder to deal with the loss. In addition, you must also deal with legal matters.
Houston’s concerning statistics reveal approximately 14 fatal car accidents per 100,000 residents, compared to the national average of 11 deaths per 100,000 residents in the United States. If you have tragically lost a family member due to someone else’s negligence, Houston wrongful death lawyers are dedicated to assisting you in obtaining the compensation and justice you deserve. With a deep understanding of local laws and regulations, these skilled professionals navigate the complex legal landscape specific to Houston and the state of Texas, ensuring that your rights are protected, and your family’s needs are met during this difficult time.
What is a Wrongful Death?
In Texas, under wrongful death law, an action is considered wrongful if it is caused by the neglect, unskillfulness, or carelessness of another person. The victim can file a lawsuit against a single person, a group, a business, a corporation, etc.
Who Can File the Claim?
Each state has distinct regulations concerning a wrongful death claim. When it comes to Texas, the claim can be filed by:
- The surviving spouse
- The surviving parents
- The surviving children
- Surviving parents of an unborn child
What Evidence is Important in a Wrongful Death Claim?
The evidence you require to support the wrongful death claim depends on the case’s complexity. However, there are some common pieces of evidence that are helpful, and you must have these on hand:
The Death Certificate
This certificate consists of the record of the cause of death, and since the contents are verified by the coroner, it plays a crucial role. So always keep a copy of the death certificate.
Medical Bills and Records
If the wrongful death is due to medical malpractice or if the victim got medical attentionbeforethey succumbed to death, you must keep all the relevant records.These records can be anything, such as bills, evaluations, test results, etc.
Police Records
After the accident takes place, the police are called, and they investigate the scene. After that, they provide evidence, documentation, and a police report. The police report consists of important details such as witness testimonials, how the accident site looked, etc.
Videos and Photographs
In any personal injury case, videos and photographs play a crucial role. It is vital tophotograph the accident site. It would be best if the video or photograph had a date and time printed.
You can document physical evidence. Physical evidence consists of items such as bloodied clothing. It can be used as proof of a fatal accident.
The Statement of the Eyewitnesses
Documenting and collecting the names and contact information of the eyewitnesses can help create a profile of what happened. Also, if you have their contact information, you can ask them to testify in court if they are willing to.
Why is it Important to Document the Evidence?
When you have well-maintained and clear documentation of the evidence, it helps in proving what happened, who is responsible, and what financial losses you have endured.
Also, wrongful death is considered a civil action, not a criminal one. When it comes to the burden of proof, it is lower in criminal cases. So, to prove wrongful death, the court requires significant evidence that would prove that the person is guilty.
Conclusion
Summing up, it is not easy to deal with the circumstances when you lose someone as a result ofwrongful death; it becomes even more challenging when you have to collect evidence for your claim. An experienced wrongful death attorney helps you gather the necessary evidence, which they will use to support your claim. Also, they will help you understand the legal process and the elements required to win the case.