If you have tragically lost a loved one in a fatal accident, understanding how to prove wrongful death is a critical first step in seeking justice under Illinois law. Your family has the right to find out what happened; and, if your loved one’s death was someone else’s fault, your family has the right to hold the at-fault party (or parties) fully accountable.
To prove wrongful death, your family must establish accountability by presenting clear and convincing evidence of liability. In other words, you must be able to demonstrate why your loved one’s death was wrongful. So, how do you prove wrongful death? Here’s what you need to know:
To prove wrongful death successfully, the process typically begins with an in-depth forensic investigation. Following a fatal accident, it is important to collect as much evidence as possible, and it is important to do so as quickly as possible before any key evidence disappears.
The types of forensic evidence that are available will depend on the nature of your loved one’s fatal accident (among other factors). For example, in the case of a fatal auto accident, the types of forensic evidence that may help prove wrongful death in court could include:
In the case of a fatal fall or workplace accident, however, the forms of forensic evidence that are available could be different. When you hire an experienced wrongful death lawyer to represent your family, your family’s lawyer will rely on his or her experience to quickly preserve any and all forensic evidence that is still available.
Along with collecting forensic evidence, you will typically need various other forms of evidence to prove wrongful death. Depending on the circumstances involved in your loved one’s a fatal accident, other forms of evidence that may be available to prove that someone else (or a company) is responsible for your family’s loss include:
Accident reconstruction often plays a key role in proving the cause of a fatal accident as well. After gathering as much evidence as possible, your family’s wrongful death lawyer may hire an accident reconstructionist to piece together the events leading up to your loved one’s untimely death. With modern technology, accident reconstruction can be extremely accurate, and a digital recreation of the events leading up to a fatal accident can serve as powerful evidence in court.
Proving liability is just one step; to fully prove wrongful death, you must also apply Illinois law to the specific facts of your loved one’s death. Once your family’s lawyer has a clear understanding of what happened, your family’s lawyer can use this information to determine who (or what company) is legally responsible for your loved one’s fatal accident.
When pursuing a wrongful death claim, it is imperative to ensure that you are pursuing a claim against the right party (or parties). The evidence that your family’s lawyer gathers during his or her investigation will be critical for this purpose. Once your family’s lawyer knows not only what happened, but also who is responsible, then he or she can focus on fighting to recover the financial compensation your family deserves. This requires comprehensive evidence as well—and, here too, you will need to rely on your family’s lawyer to gather the evidence needed to prove how much your family is entitled to recover.
Your family shouldn’t have to navigate the legal system alone while grieving the loss of a loved one. If you believe someone else’s negligence caused a fatal accident, an experienced wrongful death lawyer can help you gather the evidence you need to prove wrongful death and pursue the justice your family deserves. We understand how overwhelming this time can be, and we are here to handle every aspect of your case with care, urgency, and dedication.
Don’t face the hardships of a serious loss alone. Contact Coplan + Crane today online or at 312-982-0588 for a FREE case evaluation. Our Chicago wrongful death lawyers help clients across Illinois, including Chicago, Oak Park, Rockford, and other areas. We handle wrongful death cases on a contingency basis, which means you don’t pay unless we win.
