One of the most important aspects of a successful case is having the evidence to support your claim. This evidence allows you to fulfill your burden of proof during a wrongful death claim and you or your attorney must take steps to preserve the evidence of the defendant’s fault, as well as any exculpatory evidence you may find along the way. Evidence is any information, factors, or items that may indicate that a claim is valid. Evidence can take many forms and can include but is not limited to medical records, police or accident reports including photographs and eyewitness reports, black box data, cell phone records, Coroner’s reports, or death certificates.
Preservation can take many forms including writing down any information that you can remember regarding the wrongful death, keeping and requesting all medical records. Your attorney will also help you ensure that the other party is preserving any evidence they might have access to. It is important to get an attorney to do this immediately, even during the grieving process.