Losing a loved one because of another party’s negligence can leave a family dealing with grief, financial concerns, and unanswered questions. Evidence can help establish what happened, who may be responsible, and what losses resulted from the death. A Fort Lauderdale wrongful death lawyer can review available information and help families understand what may be relevant to a wrongful death claim.
Why Is Evidence Important in a Wrongful Death Claim?
The circumstances surrounding a fatal accident may not always be clear. Different accounts of the incident, missing records, or changes to the accident scene can make it more difficult to determine what happened.
Preserving relevant information can help create a clearer picture of the events. Depending on the circumstances, evidence may include accident reports, photographs, videos, witness accounts, medical records, employment records, and other documents.
Families can also review information about evidence in personal injury claims to understand why important records should be preserved.
What Accident-Related Records Should Families Keep?
When a death follows a car crash, truck accident, motorcycle collision, workplace incident, or another event, records from the incident may become important.
Families should consider keeping:
- Police or accident reports
- Photographs and videos from the scene
- Contact information for witnesses
- Insurance correspondence
- Vehicle or property damage records
- Medical records and bills
- Employment and income records
- Repair, maintenance, or inspection documents
- Messages or other communications related to the incident
A liability review may help determine which records could be relevant to establishing responsibility.
Can Medical and Autopsy Records Be Relevant?
Medical records can document treatment provided before death and may help explain the injuries involved. Depending on the circumstances, an autopsy report or other medical examiner records may also provide information about the cause and manner of death.
The Broward County Office of Medical Examiner and Trauma Services conducts forensic death investigations involving sudden, unexpected, or unnatural deaths in the county. Its records may include autopsy information and other materials relating to the death.
Families should keep copies of relevant medical bills, treatment records, hospital documents, and other available records.
What Financial Records Should Be Preserved?
A wrongful death claim may involve financial losses affecting surviving family members. Florida law allows certain survivors to seek damages for losses such as lost support and services, while other damages may depend on the survivor’s relationship with the deceased.
Useful financial documents may include:
- Pay stubs and employment records
- Tax documents
- Benefit statements
- Bank or financial records
- Information showing household contributions
- Funeral and medical expenses
- Records of services previously provided by the deceased
Information about economic and non-economic damages can provide additional context about losses that may be considered.
What Should Families Do With Digital Evidence?
Important information may also exist in digital form. Photos, videos, text messages, emails, social media posts, navigation information, or other electronic records may help establish what occurred.
Families should avoid deleting relevant messages or altering original files. If photographs or videos exist, keeping the original versions can help preserve their context and metadata.
When another person or business may hold important records, a Fort Lauderdale wrongful death lawyer can help identify potentially relevant information and determine how it may be obtained.
How Can Families Preserve Evidence After a Fatal Accident?
Evidence can become harder to obtain as time passes. Security footage may be overwritten, vehicles may be repaired or disposed of, and witnesses may have difficulty remembering details.
Families can begin by keeping all documents connected to the incident in one secure location. They should also avoid discarding damaged property, equipment, or other physical items that may help explain what happened.
Florida law also establishes specific requirements for wrongful death claims and the damages that may be available.
Frequently Asked Questions
What evidence can support a wrongful death claim?
Should families keep the deceased person’s financial records?
Can an autopsy report be used in a wrongful death case?
What happens if important evidence is held by another party?
Reviewing Evidence After a Wrongful Death
Evidence from different sources can help explain how a fatal incident occurred and what impact the loss had on the surviving family members. A Fort Lauderdale wrongful death lawyer can review the available records, identify potential sources of evidence, and explain the legal options that may apply.
Jacobson Injury Firm offers free consultations for personal injury matters. Discuss your family’s circumstances and learn about the next steps that may be available.
