Types of Evidence Necessary in Virginia Wrongful Death Cases

Successful wrongful death cases in Virginia hinge on evidence that connects the at-fault party’s actions to the decedent’s fatal injuries. Depending on the circumstances, valuable evidence may include medical records, physical evidence, digital evidence, eyewitness and expert witness testimony, and other relevant information.

An experienced wrongful death attorney at Lichtenstein Law Group PLC can explain the process of preserving, gathering, and reviewing evidence to prove negligence, file a wrongful death claim, and seek justice your family deserves.

How Does Virginia Law Define a Wrongful Death?

Virginia law defines a wrongful death as a person’s death caused by the “wrongful act, neglect, or default” of another party that would have resulted in a personal injury if the victim had survived. Someone found liable in a wrongful death case will owe compensation to the victim’s surviving family members.

What Events Could Result in a Wrongful Death Claim?

Many types of events caused by someone else’s negligence could result in a wrongful death claim in Virginia, including the following:

• Motor vehicle accidents
• Workplace incidents
• Slips and falls on someone else’s property
• Dog attacks
• Defective products
• Medical malpractice
• Physical assaults and murder.

Depending on the type of event that caused your loved one’s death, various parties may be at fault, and you may need to rely on different types of evidence to prove their liability.

What Types of Evidence Help Prove a Wrongful Death in Virginia?

Many types of evidence can help prove a wrongful death case in Virginia. However, what’s most important is having a variety of evidence types that support each other to back up your claim. Key types of evidence your lawyer may collect include the following:

• Medical records – Your loved one’s medical records are some of the most essential pieces of evidence for demonstrating the types of injuries they sustained and how those injuries led to their death. You must be able to establish a direct link between the incident and their passing. Medical records can serve as valuable evidence of this link.
• Police report – Police will investigate any fatal event at the accident scene, whether it occurs in the workplace, on private property, or on public roads. When the police finish their initial investigation, they’ll write an accident report containing their findings. This report can be a valuable asset for lawyers handling wrongful death cases. The police report contains information such as the time and place of the death, the suspected cause of the death, the names of eyewitnesses, and more.
• Witness statements – While witness statements alone aren’t always the strongest pieces of evidence, they can help fill in gaps in the physical evidence or corroborate other evidence. For example, if a drunk driver killed your loved one, witness statements about them swerving before the crash can support the breathalyzer test results in the police report.
• Expert testimony – Expert witnesses often provide testimony in complex cases. For instance, a medical professional may testify about your loved one’s injuries, or an accident reconstruction specialist may explain how the fatal accident occurred. The testimony of these experts often lends credibility to cases brought by victims’ families.
• Physical evidence – Physical evidence in a fatal accident can include the objects that caused the incident. For example, in a car crash, the cars involved may be secured as physical evidence and inspected by an accident reconstruction specialist. In the case of a defective product, you may retain the product as evidence to demonstrate the defect that rendered it hazardous.
• Photo/video evidence – Photos and videos can be among the most compelling because they may show the accident occurring or the hazardous conditions that led to it. If your loved one died due to injuries suffered in a slip and fall, security cameras may have captured the incident. If they did not, photographs of the slippery floor that caused the fall may still be helpful to demonstrate liability.

Why Should You Secure Evidence As Soon As Possible in a Wrongful Death Case?

Securing evidence as soon as possible in a wrongful death case is vital. Many types of evidence don’t last forever, and your lawyer needs to collect it before it’s lost. For this reason, you should speak with a lawyer early on to improve your ability to pursue maximum compensation. Some of the evidence that may not stick around for long includes:

• Physical evidence of the hazardous condition that caused the death
• Footage of the accident that resulted in your loved one’s fatal injuries
• Eyewitness memories fade over time.

What Damages Can You Recover in a Virginia Wrongful Death Lawsuit?

The damages (compensation) you can recover in a Virginia wrongful death lawsuit cover losses such as:

• The sorrow and mental anguish you experience because of the loss of your loved one
• The loss of your loved one’s income and the cost of the lost services they provided
• The reasonable cost of your loved one’s funeral and burial
• The cost of your loved one’s medical care related to the injury that resulted in their death.

In some cases, you may also be able to seek punitive damages. You can seek this compensation if the at-fault party’s actions were willful or particularly reckless.

Is There a Time Limit on Filing a Virginia Wrongful Death Lawsuit?

The statute of limitations for wrongful death cases gives the personal representative of the deceased two years from the date of death to file a lawsuit. Failure to file your lawsuit within this period will result in the courts barring you and your family from recovering compensation for your loss.

Contact a Virginia Wrongful Death Lawyer

At Lichtenstein Law Group PLC, our wrongful death lawyers have nearly 100 years of combined legal experience, with a focus on serious injury and criminal cases since 1992. Our broad legal experience and personalized service allow us to seek maximum compensation for our clients, even in the most challenging cases.

If your loved one lost their life due to the actions of another party, contact us today speak with a knowledgeable member of our legal team in a free consultation. We’ll help you understand the evidence needed in wrongful death cases, explain how our lawyers can help you seek compensation, and guide you through every step of the wrongful death legal process.

Visit Our Virginia Wrongful Death Law Offices