Proving a claim for wrongful death is similar to proving a claim for personal injury damages after a non-fatal accident. You need evidence to establish that someone else’s act or omission caused your loved one’s death, and this means that it is necessary to conduct a prompt and thorough investigation. Depending on the nature of your claim (e.g., whether your loved one died in a vehicle collision or as a result of a medical mistake), this may include conducting a forensic investigation at the scene of the accident, tracking down video footage, obtaining phone records or medical records, working with medical experts, and gathering evidence through various other means.
In addition to proving the cause of the accident, you will also need to prove the extent of your family’s losses. Among other things, this may include calculating medical expenses, lost earnings, and other direct out-of-pocket costs as well as placing an appropriate dollar value on your loved one’s pain, suffering, and emotional trauma prior to death. Certain family members may be eligible to recover compensation for their non-financial losses (e.g., loss of companionship) as well.