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What Evidence Do You Need When Filing A Wrongful Death Claim?

March 22, 2022

Last year, a cinematographer was tragically killed on the set of a movie. The male star was holding the gun that killed her at the time, although he has stated in the past that he never pulled the trigger. Now, her family has filed a wrongful death lawsuit against the movie star, the producers of the movie, and others involved.

When filing their claim, the family presented a video recreating the tragic events of that day. The video is undoubtedly just one important piece of evidence they have. The story of the claim is an interesting one, as it highlights the importance of evidence in any wrongful death claim. Below, our Philadelphia wrongful death lawyer explains what evidence can support these claims.

Death Certificate

A death certificate will outline the cause of death and manner of death. In Pennsylvania, the only way to obtain a death certificate is through the Pennsylvania Department of Health.

Medical Records

Any time someone received medical treatment before succumbing to their injuries, or they were a victim of medical malpractice, it is important to obtain the individual’s medical records as soon as possible. Medical records can show the test results, notes, evaluations, consultation records, prescription information, and other healthcare documentation that can prove wrongful death.

Photographs and Videos

As in the recent story, photographs and videos are very important pieces of evidence. While most wrongful death claims may not involve a video recreating the events, there is other footage that could be important. For example, if the deceased was killed in a car accident, photos of the scene could prove how the crash happened and who was to blame.

Witness Statements

If anyone witnessed the fatal incident or accident, it is important to locate them and obtain their contact information at the scene, or collect a statement from them afterwards. Sometimes video footage can help identify witnesses who were at the scene after the fact. Eyewitness statements can confirm what happened and are taken very seriously by the courts and insurance companies.

Physical Evidence

There are many different types of evidence that could fall under this category. For example, items of bloody clothing could show how a fatal accident occurred. Or, if the deceased was a victim of medical malpractice after a foreign object was left inside them, that is other important physical evidence that could prove a wrongful death case.

Tax Returns and Pay Stubs

Pay stubs and tax returns can help calculate the value of a wrongful death claim. They can show how much the deceased earned, and those lost wages and income can be included in the claim.

Our Wrongful Death Lawyer in Philadelphia Can Obtain Important Evidence

Evidence is crucial when filing a wrongful death claim, but it is not always easy to obtain. At van der Veen, Hartshorn, Levin & Lindheim, our Philadelphia personal injury lawyer can obtain the important evidence you need to obtain the full amount of compensation you are entitled to. Call us today at 215-515-6892 or fill out our online form to schedule a free consultation with one of our seasoned attorneys.



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