Losing a loved one in an accident is one of the most difficult experiences a family can face. Along with the emotional toll, surviving family members are often left with unexpected financial burdens and unanswered questions about what happened.
If another person’s negligence caused the crash, a wrongful death lawsuit may provide a way to seek accountability and recover compensation for your family’s losses. To succeed in a wrongful death claim in Texas, strong evidence is essential. The more thoroughly the facts are documented, the stronger your case may be.
What Constitutes Wrongful Death in Texas?
The foundation of every wrongful death lawsuit is proving that another party acted negligently. For example, in a car accident case, this may include evidence that the other driver:
- Was speeding
- Should have known they were too tired to drive
- Was distracted
- Drove while intoxicated
- Failed to obey traffic laws
- Or otherwise drove carelessly
Once you prove that the other driver was at fault for the accident, you also have to prove that the accident directly caused your loved one’s death. Then, to determine the amount the lawsuit is worth, you need to prove financial or other losses.
Different kinds of evidence can serve to prove one or more of these points. Let’s look at four types of evidence that lawyers often use in a wrongful death lawsuit.
1. Evidence From the Crash
Helpful evidence from the crime scene itself may include:
- Police reports
- Dashcam videos
- Eyewitness statements
- Photographs of the accident scene
In some cases, data from the vehicles involved, such as event data recorders, can help reconstruct how the collision occurred.
2. Accident Reconstruction and Expert Testimony
Some accidents involve complex questions about who was at fault. In these situations, attorneys often work with accident reconstruction experts who analyze physical evidence, testimony and other data to explain how the incident occurred.
Other experts, including medical professionals, economists and vocational specialists, may also testify about the cause of death, the financial impact on surviving family members, and the value of lost future income and benefits.
3. Medical Records and Cause of Death
Medical records play an important role in establishing the connection between the accident and your loved one’s death. These documents demonstrate that the injuries sustained in the accident directly caused the fatal outcome:
- Emergency room records
- Hospital admittance and documentation
- Treatment notes
- The death certificate
If an autopsy was performed, the report may provide additional evidence supporting the cause of death and addressing any disputes raised by the opposing party.
4. Financial Evidence
A wrongful death lawsuit can be used to get compensation for what you have lost. That includes financial losses, like medical expenses and lost wages, as well as non-financial losses.
Financial documents are necessary to demonstrate the economic impact of losing a loved one. Records like these are vital:
- Pay stubs
- Tax returns
- Employment records
- Health insurance information
- Retirement benefits
- Documentation of funeral and burial expenses
Showing the financial reality of your loved one’s loss can be very powerful and can help keep you financially stable while you’re dealing with the emotional side.
Speak to an Experienced Wrongful Death Attorney Today
Wrongful death cases are a difficult ordeal for people who are already going through tragedy. An experienced and caring attorney can help you protect your rights and get the compensation you deserve.
The Fell Law Firm can help you during this difficult time. Call 972-450-1418 or contact us online to speak to an attorney today.
