Gathering evidence in Houston wrongful death cases is crucial to demonstrating the defendant’s negligence or misconduct that caused the death of a loved one. The evidence must be collected quickly to avoid loss or compromise, especially since the statute of limitations generally allows only two years to file a lawsuit.
A wrongful death attorney could act quickly to oversee each step of the process, preserve evidence, and secure hard-to-obtain records. They could accurately calculate the full extent of the damages your family has suffered from the death of your loved one and pursue compensation and justice on your behalf.
What Evidence Demonstrates Legal Fault in Wrongful Death Cases?
To demonstrate legal fault in a wrongful death case in Houston, you must collect evidence to prove the four key elements of a wrongful death claim. These are:
- A duty of care: The person had a legal obligation to act reasonably to prevent harm
- Breach of duty: They failed to meet that standard
- Causation: The breach directly led to the death
- Damages: The deceased’s family experienced losses
Various types of evidence could demonstrate each of these vital elements. An attorney could help you gather the following:
- Surveillance footage: Video from traffic cameras, security systems, or body cams can show the sequence of events and actions of those involved
- Police or accident reports: In cases like traffic accidents, these official reports document the circumstances, officers’ observations, citations issued, and initial findings, which can help demonstrate who was at fault
- Medical records and autopsy reports: Medical documents detail the injuries, treatment, and cause of death, helping to connect the defendant’s actions to the fatality
- Eyewitness statements: The testimony of those who saw the incident can provide details about what happened and how the defendant’s actions or inactions contributed to the death
- Evidence of negligence: A thorough investigation may uncover proof—including phone records—of safety lapses, policy violations, inadequate training, or other irresponsible behavior, such as a driver texting at the time of a fatal crash
- Expert testimony: Accident reconstruction specialists can explain how a collision occurred due to reckless driving or mechanical failure, while medical experts can testify in medical malpractice cases on the standard of care and how the defendant’s actions caused the death
- Financial documentation: Receipts and bills for medical treatment, the funeral, and burial can establish monetary losses, and the deceased’s employment records and tax returns demonstrate their income and help prove the surviving family’s loss of earnings and inheritance
- Family and personal records: Documents such as marriage and birth certificates establish the plaintiff’s relationship with the deceased, and personal testimony, photos, and letters can help humanize the loss and establish the emotional and financial support the deceased provided
An experienced attorney could guide your family throughout the process of gathering and preserving evidence. Physical evidence and witness memories may fade over time, but a lawyer could immediately secure all necessary documentation and testimony to build a strong case.
Seeking Compensation in a Wrongful Death Claim
In Texas, a wrongful death claim can be filed by the deceased’s surviving spouse, children (biological or adopted), or parents. These family members can bring the lawsuit for their own benefit or collectively. If none of these individuals file the lawsuit within three months of the death, the executor or administrator of the estate must do so, unless the entitled family members request that the action not be taken.
If the accumulated evidence supports financial recovery in a Houston fatal accident claim, you can seek economic damages for lost wages, funeral costs, and other monetary expenses, as well as non-economic damages for emotional losses. If your loved one’s death resulted from malicious intent or gross negligence, you could also recover punitive damages.
Contact a Houston Lawyer To Collect Evidence for Your Wrongful Death Case
Gathering evidence in Houston wrongful death cases is a challenging process. Families are often overwhelmed with grief and lack the resources needed to collect and preserve crucial evidence before it is damaged or destroyed.
An attorney could collect and safeguard pertinent evidence to strengthen the link between the defendant’s negligence and your loved one’s death. Contact our firm today to request your free, individual consultation.