If you lost a close family member as a result of someone else’s negligence, you are likely experiencing overwhelming grief that no amount of compensation can alleviate. A successful wrongful death claim could, however, leave you better prepared to navigate the healing process. Gathering evidence in Indianapolis wrongful death cases is critical, and for that, you should rely on an experienced attorney from McCready Law.
To bring a successful wrongful death case, a complainant needs to prove a few facts. First, the evidence must show that the other party breached the duty of care they owed the deceased. For example, motorists have a duty of care to other drivers, and if they engage in negligent or wrongful actions—such as driving at excessive speed—and cause a fatal accident, then they have breached that duty of care.
Second, the complainant must show that the other party’s breached duty of care was the direct cause of the accident that led to the death. Third, the complainant must provide evidence of the legal damages or losses they face as a result of the death. To prove each of these facts, a lawyer could carefully compile evidence on behalf of the Indianapolis plaintiff.
Evidence that proves the other party failed to fulfil their responsibility to the decedent could include:
Gathering evidence to support a wrongful death claim in Indianapolis can be difficult, but an attorney could help make that process easier.
Many of the same forms of evidence listed above could prove a direct correlation between the other party’s actions or negligence and the accident that led to the death. One addition, however, is a professional accident recreation model that clearly defines how the accident happened. This type of evidence could help demonstrate cause and effect.
In some instances, there may be little doubt regarding who caused the accident in question, but in other cases, it is a far more challenging matter. An attorney with experience in wrongful death cases is well prepared to gather the necessary evidence, no matter how challenging that may be.
In a wrongful death case, the plaintiff can pursue compensation for a range of economic and non-economic losses.
Legal damages include the decedent’s final medical bills—in other words, those generated by the accident—as well as their funeral and burial expenses. Evidence of the decedent’s non-economic losses, such as the physical and emotional pain and suffering they experienced prior to death, might include their doctor’s report regarding their final injuries.
The complainant can seek compensation for their household’s decreased income resulting from the loss of the decedent’s earnings and benefits. Compensation can also factor in the loss of the decedent’s guidance, companionship, and love, as well as the plaintiff’s pain and suffering resulting from the death.
In Indianapolis, it is important to provide evidence showing the extent of the non-economic losses in a wrongful death claim. Such evidence could include testimony from those who know the plaintiff and the decedent as well as the testimony of professionals in fields related to grief and loss. Such testimony can speak to the pain and suffering the deceased experienced in their final hours and to the pain and suffering the plaintiff is dealing with as a result of the death.
Gathering evidence in Indianapolis wrongful death cases plays a key role in their success. The accomplished personal injury attorneys at McCready Law are respected for their proven ability to skillfully guide even the most challenging cases toward optimal outcomes and would appreciate the opportunity to do the same for you.
Learn more by contacting McCready Law online or calling their office today. Consultations are free.
