How Do You Prove Negligence in a Wrongful Death Claim?

Negligence can take many different forms. It can also have many different consequences. Tragically, negligence far too often leads to fatal accidents that could (and should) have been avoided. If you have lost a loved one in a fatal accident, you may have grounds to file a wrongful death claim, and proving negligence will be a critical step in the process. 

So, how do you prove that someone else’s negligence is the reason for your loved one’s death?

While individual circumstances vary, proving negligence is typically a multi-step process. Once you hire an experienced lawyer to handle your wrongful death claim, your lawyer will be able to determine what steps are necessary. Since it is important to preserve the available evidence before it disappears, you should hire an experienced lawyer to start the process as soon after your loved one’s fatal accident as possible. 

Proving Negligence After a Fatal Accident in Wisconsin

Depending on nature of your loved one’s fatal accident and the specific circumstances involved, proving negligence may involve some (or all) of the following: 

Conducting an On-Scene Investigation 

In cases involving vehicle collisions, falls, and other traumatic accidents, conducting an on-scene investigation is a key step for proving negligence. Various types of forensic evidence may be available, and this evidence can provide insight into what additional steps may be necessary to prove your family’s legal rights.  

Talking to Eyewitnesses 

Talking to eyewitnesses can be a key early step as well. Eyewitness testimony can serve as evidence of negligence itself, and eyewitnesses can also provide additional insight into what other types of evidence might be available. 

Reviewing Relevant Records 

From police reports to your loved one’s medical records, your wrongful death lawyer will want to review any and all records that are available pertaining to your loved one’s fatal accident. If you have any of these records, you should bring them with you to your free initial consultation. 

Reviewing Photos or Video Footage of the Accident 

Cell phone photos and videos, dash cam videos, surveillance camera footage, and traffic camera footage can serve as direct evidence of negligence in many cases. This includes photos and video footage captured before, during, and after the fatal accident. 

Hiring Experts to Analyze Critical Evidence 

Proving negligence in a wrongful death case may also involve hiring experts to analyze critical evidence. For example, in fatal car accident cases, experts can examine each vehicle involved to determine the force of impact as well as whether any defects or maintenance issues may have been to blame. Likewise, in cases involving fatal premises-related accidents, experts can provide key insights into any construction or maintenance-related issues that led to the victim’s tragic death. 

Hiring an Accident Reconstructionist 

Accident reconstructionists use specialized technology to piece together the events leading up to fatal accidents. When sufficient evidence is available, accident reconstructionists’ simulations of fatal accidents can be extraordinarily accurate, and accident reconstruction can play a key role in facilitating favorable settlement negotiations in many cases.

Obtaining Records and Testimony Through “Discovery” 

In some cases, proving negligence will involve obtaining evidence from the at-fault party. This can be done through the formal “discovery” process after filing a wrongful death lawsuit. Under Wisconsin law, at-fault parties are required to provide copies of relevant records during the discovery process (subject to certain exceptions), and if they fail to do so, they can face consequences in court. 

Discovery can also be used to obtain evidence from third parties. For example, if your loved one was killed in a distracted driving accident, your wrongful death lawyer can seek to obtain the at-fault driver’s cell phone records through discovery to prove it. When necessary, discovery can be used to obtain surveillance camera footage and various other forms of evidence as well. 

These are just examples. Proving negligence in a wrongful death claim is complex, and it requires different types of evidence in different circumstances. Once you hire a lawyer to represent you, your lawyer will be able to determine the specific steps that are required.

Talk to a Wisconsin Wrongful Death Lawyer for FREE

Our law firm is committed to fighting for grieving families after fatal accidents in Wisconsin. If you need to know more about the steps involved in filing a wrongful death claim, we strongly encourage you to get in touch. 

Contact a Wisconsin wrongful death lawyer at Studinski Law, LLC today online or at (715) 343-2850 for a FREE case evaluation. We proudly serve all of Wisconsin, including Plover, Marshfield, Stevens Point, and other areas.