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John
Friday, 22 March 2019 / Published in Uncategorized

Proving a Wrongful Death Case

Wrongful Death Lawyer in Houston, TX

When a wrongful death attorney, like a wrongful death lawyer in Houston, TX, agrees to represent the family of a victim who was killed in an accident caused by another person’s negligence, there are steps the attorney may have to take to prove that the unexpected death of the victim was due to someone else’s actions. Whether the accident was a vehicle accident, premises liability, product defect, medical malpractice, or some other type of claim, the following are different pieces of evidence that an attorney can utilize to prove their case.

Accident Reports: In any type of vehicle or mass transit accident where there has been a loss of life, there are two different reports that should be available. The first is an accident report and the second is a more detailed fatal accident report. A wrongful death attorney will obtain those reports immediately upon taking the case. These reports often provide indicators of other evidence the attorney may find useful in their case.

Emergency Call Records: Under the Freedom of Information Act (FOIA), citizens can request all recorded calls that come into 911 emergency call centers. All of these calls are digitally recorded, making a reproduction of records request fairly easy. These recordings often provide wrongful death attorneys with important evidence which can help prove their case, such as witness names and statements. In some states, names and other information may be protected, but an attorney can file a subpoena to request that information once the wrongful death lawsuit has been filed.

Event Recorder: If the accident involved a commercial vehicle or mass transit vehicle, there should be an event record which will contain vital information about what was happening leading up to the crash. An attorney may be able to obtain information about the speed the vehicle was traveling, any use of a horn, when braking occurred, and other critical information. Because there is always the risk that the at-fault party could destroy this information, it is critical to move quickly with your claim so the attorney can file the necessary legal documents to ensure these records are preserved.

Investigators/Experts: Depending on what type of accident took place, a wrongful death attorney may also consult with accident investigators and other experts in order to have them visit the site of the accident. It is important to obtain photographs of the scene as soon as possible in order to capture the conditions that existed when the accident occurred.

Autopsy: Whenever a person dies from apparent accidental death, or if there are questions regarding the circumstances of the death (such as in a malpractice case), it is crucial that a family member request an autopsy if the state is not automatically performing one. There can be important evidence that will help prove the case, as well as show the intense trauma the victim suffered before they died.

Contact a Wrongful Death Attorney Today

If you have lost a loved one due to the actions of someone else, contact a lawyer today to find out what legal recourse you may have against the at fault party.

Contact John K. Zaid & Associates for more insight into wrongful death.

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