A wrongful death claim should always be filed with aid from an attorney and one who works for a reputable firm that understands your language. Each state has its own limitations and requirements for filing this claim and they are the best people to guide you through them. As the family member of the victim you have to file this claim as soon as possible to get as many damages as possible.
This will include collecting documents that prove it. The type you get will vary according to the type of claim you have, but there are some common ones you should have. These include:
- Death certificate and police reports
The death certificate made at the time of the victim’s demise can provide an accurate record of the death as the coroner confirmed. If the police were involved (in case the death was caused by a car crash or a liability accident) then you will also need to present a copy of their report in court. These documents should be submitted along with the wrongful death claim.
- Proof of relation between the deceased and the negligent party involved
In order to call a case negligent, you need to prove that the deceased and ones responsible for their death had a connection such as a doctor/patient one. In this case the doctor is responsible for providing a level of care to all patients which should prevent rather than hasten death.
In case of a car accident, it means all drivers need to make sure that they do not encounter pedestrians at full speed and they are also liable to follow all traffic rules. In case the death was caused by an apartment fire with no escape routes, you can prove the landlord was negligent for failing to provide safety features that could have prevented it. In either of these cases, you need to provide proof of your claims to ensure you have a smooth session in court.
- Autopsy and medical records
If the cause of death was due to medical malpractice, pointing fingers at the staff and doctors responsible will not be enough to file a claim. You will need to get the copies of all of the medical records involved as soon as you can so that they are not hidden away to prevent this. You can also order a complete autopsy to determine whether the doctor was at fault and a toxicology report can also be ordered to determine if medication was involved.
Wrongful Death Claim | Attorney Javier Marcos
It can be very difficult to collect documents for this case since you will be grieving. Allow attorney Javier Marcos and Associates to aid you by helping you collect and find said documents. We have years of experience helping bereaved friends and families of the deceased win wrongful death claims in court and can help you do the same. Just give us a call for a free consultation and we will be glad to help. Call 24 hours 713.999.4444.