Losing a loved one due to someone else’s negligence is an incredibly traumatic experience. In such cases, filing a wrongful death lawsuit or a claim can provide some form of closure and financial compensation for the surviving family members.

However, pursuing a wrongful death claim can be challenging and requires sufficient evidence to prove the defendant’s liability. This evidence typically includes various records that can help establish the cause of death, the extent of damages, and the defendant’s responsibility.

Ehline Law and our wrongful death attorneys have worked with surviving family members since 2005, protecting their rights and fighting for the compensation they deserve. Here, we will go over the physical evidence you may have to submit following the victim’s death when pursuing a wrongful death case.

Filing a Wrongful Death Claim: What Records Are Needed for Evidence?

The types of physical evidence required in a wrongful death lawsuit or a claim may vary depending on the circumstances of the case. However, some of the most common records that surviving family members may have to submit in a wrongful death claim include the following.

Death Certificate

A death certificate is necessary to confirm the cause of the victim’s death and the date and time of death. It is also essential to have this document to prove the legal status of the decedent.

Medical Records

Medical records are the most critical evidence submitted in any wrongful death claim, as they can provide proof of the deceased’s injuries or illnesses and any medical treatment they received before their death. 

Medical records are crucial in assessing the total medical expenses incurred by the deceased before their death and assist in evaluating the value of the wrongful death claim.

An experienced wrongful death attorney can also use medical records to build a solid wrongful death claim, linking the decedent’s injuries and death to the defendant’s negligence.

Police Reports

When an accident occurs, and the police reach the incident site, they investigate and write a police report. 

A police report is a critical document that insurance companies require when surviving family members pursue a wrongful death claim. It may contain valuable information related to the cause of the death (officer’s opinion), witness statements, and other evidence.

Autopsy Reports

In wrongful death cases where the cause of death is more difficult to determine, an autopsy report is an important document that may provide insight into how the decedent died. 

For example, a toxicology report can provide proof of a prescription mistake or medical error, which is essential in a medical malpractice case that other reports may be unable to tell. 

Witness Statements

Statements from witnesses present during the incident can help establish the events leading up to the death. Witness statements can be valuable evidence in a wrongful death claim, as they can provide firsthand accounts of what happened.

Employment Records

If the deceased worked before their death, their employment records could help establish lost wages and potential future earnings.

Financial Records

A pay stub is also an important document that can establish how much the decedent made before their death and the loss of future expected earnings. 

Pay stubs are essential, especially if the decedent had dependents who relied on them financially. It can help calculate the financial losses that surviving family members can factor into their wrongful death claims.

Photos and Videos

A picture is worth a thousand words, which is why photos can help provide visual evidence of the cause of the accident, the injuries sustained by the victim before death, and other essential visuals that can assist in establishing the defendant’s negligence.

Videos from traffic cameras and CCTV surveillance cameras taken from different angles can help build a compelling wrongful death claim.

Insurance policies

Insurance policies, such as life insurance or accidental death and dismemberment (AD&D) insurance, can help establish the compensation available to the deceased’s family.

Working with an experienced wrongful death attorney is crucial. They help gather and evaluate the evidence needed to build a strong case. An attorney can also help determine which records may be relevant to the case’s specific circumstances and can help obtain all necessary documentation.

How Can Ehline Law Wrongful Death Lawyer Help Surviving Family Members with Wrongful Death Claims?

Proving wrongful death claims can be overwhelming and emotional. However, our experienced wrongful death attorney can guide you through the legal process and help you understand the elements required for a successful case.

Whether it is a medical malpractice case or any other wrongful death suit, our reputable wrongful death attorney can investigate and gather evidence (death certificate, police and autopsy reports, CCTV footage, and other documents) to prove the wrongful death claim and establish the defendant’s liability.

One of the most challenging parts of a wrongful death claim is determining the value of the damages incurred by the surviving family members. We can help assess the damages and calculate the financial losses, such as lost wages, medical expenses, funeral expenses, and the loss of companionship and support.

Our wrongful death attorney can guide and support the surviving family members throughout the legal process, protecting their rights and fighting for fair compensation for their loss. 

Ehline Law can handle the insurance company and negotiate a settlement on your behalf. If the insurance company fails to settle, we can take the matter to court and get you the justice and compensation you deserve.

Schedule a Free Consultation with Ehline Law

If you’ve lost a loved one due to another’s negligence, contact us at (833) LETS-SUE for a free consultation with our experienced wrongful death attorneys. We can help identify the liable party, gather evidence to prove the defendant’s liability and pursue maximum compensation for your loss.

A wrongful death case could provide financial compensation after a fatal event that is related to negligence. The amount you receive can help cover funeral and burial costs, medical expenses, lost wages, loss of consortium, and the decedent’s pain and suffering. I am Michael Ehline, a personal injury lawyer in Los Angeles. I am a top-rated Los Angeles wrongful death lawyer. Below, I will explain how we attorneys divide a wrongful death case settlement.

Some cases result in punitive damages to penalize the defendant for committing the wrongful act.

California civil jury instructions state that the decedent’s estate and family member’s compensation might differentiate during a wrongful death lawsuit.

Economic and non-economic losses could be recoverable by surviving family members. On the other hand, the estate can only recover financial losses such as hospital bills. It’s a great idea to call Ehline Law Firm, and a professional personal injury lawyer can assist you with your case.

We offer a sense of honor you can only understand if you have served.

Distribution of a Wrongful Death Settlement Among Family Members

Family members or a surviving spouse have the right to dictate the division of a wrongful death settlement in California. Heirs and family members who file the wrongful death claim make a joint decision regarding each person’s amount.

Any children or surviving spouses are entitled to most of the settlement proceeds. A dependent parent may also receive a share.

It is primarily up to the surviving family members to assign settlement proceeds themselves.

If the family cannot agree upon settlement distribution, the California courts have the right to distribute the settlement among family members.

The court needs to decide how to divide the settlement after it assesses the situation—first, the financial needs of everyone eligible for the payout receive an inspection. The individual’s economic conditions set the payout amount during the evaluation process. Education, housing, and support are all considered when determining who gets the most significant portion of the settlement amount.

Families often use mediation to decide on a settlement division strategy. Conciliation involves an unbiased third-party judge: parties who believe they have a claim to share settlements and attorneys (if desired).

Taking settlement issues to a court trial can often take longer than mediation.

However, if all parties cannot reach a binding decision, the matter must be resolved in the California courts.

Ehline Law Firm Can Assist With Your Wrongful Death Claims

California’s wrongful death statute can be confusing to understand. As a decedent’s domestic partner, you can claim future financial support.

Wrongful death cases happen more often than you think. Many families suffer massive non-economic losses when a person passes by a criminal death action.

That is why I, Michael Ehline, have dedicated my life to becoming a personal representative for cases of this nature. I am a retired marine who taught himself law by shadowing judges and mentors, and I am one of the best in the industry. Furthermore, I can offer you legal advice for any judicial matter.

Known as the pre-eminent expert on American common law apprenticeships, I am qualified to assist in your California wrongful death case.

You can contact us for a free initial consultation to discuss wrongful death actions imposed on your family.

To arrange a structured settlement plan, let’s get the proper compensation and recover economic losses. We maintain a professional attorney-client relationship while dealing with sensitive issues.

The responsible party is liable for economic damages; in most cases, their insurance company would cover the settlement.

Conclusion

A loved one’s death can cause massive grief and mental anguish to minor children and other family members.

Wrongful acts the victim incurred could open up the possibility of seeking compensation.

Contact us at (213) 596-9642 toll-free to speak to an attorney at Ehline Law Firm. We treat eligible family members with the utmost respect while delivering exceptional legal service.

Losing a loved one is a traumatic experience, even more so if their loss results from another person’s negligence or wrongful action. While filing a wrongful death lawsuit is no easy task, recovering compensation for your damages is necessary.

If you are filing a wrongful death lawsuit, you may be wondering whether there is a limit to the amount you can claim. Should you need more information on a wrongful death case, please book a free consultation with Ehline Law Firm to speak to an experienced wrongful death attorney.

What Is a Wrongful Death Claim?

When an individual dies due to the lawful wrongdoing of another individual or third party, this qualifies as wrongful death. Wrongful death suits often include car accidents that occurred because another person was driving negligently or under the influence.

Other examples also include medical malpractice cases and harmful intentional behavior or crime that resulted in death. In a wrongful death suit, the defendant’s liability is purely monetary damages. If the lawsuit is successful, the court orders the accused to pay these damages to the decedent’s survivors.

There is a significant distinction between a wrongful death suit and a criminal homicide case, where a conviction results in probation, jail time, and other penalties. Wrongful death suits, on the other hand, only include monetary penalties.

Who May File a Wrongful Death Lawsuit?

A victim’s immediate surviving family members may file a wrongful death claim. Immediate family includes a domestic partner or surviving spouse, the decedent’s children, or the deceased person’s grandchildren if their child has died.

When there are no surviving family members of the deceased, anyone entitled to the deceased’s estate by intestate succession may file a wrongful death lawsuit.

This may include siblings or parents, based on who lived at the time of the deceased person’s death.

What Losses Can You Claim for in Wrongful Death Lawsuits?

Losses claimed in a lawsuit are often referred to as “damages.” These damages may be economic or non-economic.

Economic Damages

These damages refer to the financial losses incurred due to a person’s death. They include the financial support the victim would have provided if the incident had not happened, including current and future earnings. Other such damages include funeral costs, an inheritance the victim may have received, and any financial gifts they may have received.

Non-economic Damages

Unlike financial damages, these damages may be harder to quantify. They include the loss of the love and support of the family member, the loss of companionship and guidance, and the failure of intimate relations due to another’s carelessness or wrongful act.

What Losses Can You Not Claim in a Wrongful Death Lawsuit?

California’s wrongful death statute does not allow the family to claim for the deceased’s pain and suffering before their demise, the grief, and sorrow experienced by the family members due to the victim’s demise, or the family’s wealth or poverty.

You can claim these losses in a survival action often pursued in conjunction with wrongful death cases. Please speak to one of our wrongful death and personal injury attorneys for legal advice on pursuing a survival action.

Is There a Cap on the Amount You Can Claim?

Most wrongful death suits often involve insurance companies. If your loved one was the victim of a car accident, the accused’s car insurance company deals with the claim. Should the incident occur in someone else’s home, homeowner’s insurance often pays the claim.

These insurers often include detailed exclusions in their policies, and there is usually a limit regarding the amount that family members may claim. To prevent insurance companies from giving you the compensation you rightly deserve, avoid dealing with them directly.

Always allow your attorney to handle these matters so you can rest assured that you are getting the maximum amount that you and your family rightly deserve for the losses incurred by the victim’s death.

As previously mentioned, there is a limitation regarding what losses or damages you may claim in your lawsuit. Every California wrongful death claim is different, so talk to one of our lawyers to find out precisely what you may claim for according to the wrongful death law.

Need Help with Your California Wrongful Death Lawsuit?

At Ehline Law, we value every attorney-client relationship and pride ourselves on treating every California wrongful death case with the respect and care it deserves. Our seasoned attorneys are well-versed in California law and are not afraid to take on the most prominent corporate organizations and manufacturers. We can help you determine what legal action you can take against the responsible party if your loved one has died due to another’s wrongful act or negligence.

Contact us today at (213) 596-9642 to book a free consultation and case review. You can also use our 24/7 online contact form to speak with a supremely confident, talented, wrongful death lawyer.