How to Prove Liability in a Wrongful Death Case
- February 12, 2016
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To prove liability in a wrongful death case means showing the jury who is responsible for the unnatural and untimely death of the person. Since the person is already deceased, it can be quite a challenging task to show what caused the untimely death, and that the death would not have occurred in the absence of such cause(s).
How to Prove Liability
Autopsy is one of the key ways to prove liability in a wrongful death lawsuit. An autopsy is a medical examination of a person who died. It is performed by a pathologist or a medical examiner. A thorough examination of the body will be conducted by the pathologist and he/she will evaluate why exactly the person died. An understanding of why the person died will help the lawyer to go back and look at the facts and circumstances surrounding the person’s death.
An autopsy of the deceased will allow the lawyer to determine if it was a natural death or not. The lawyer must know all the facts surrounding the person’s death. Once the lawyer has this information, and understands the medical records that led to the person’s death, the autopsy will help him/her understand exactly why the person died.
Sometimes, the family of the person who died prematurely is not sure whether to have an autopsy done or not. In such a situation, the lawyer will discuss with them the advantages and disadvantages of having an autopsy performed.
Advantages and Disadvantages of Performing an Autopsy
Getting an autopsy done does not necessarily mean it will help you. It can only help if the findings point to any wrongdoing. There has been many instances when the autopsy is performed and the results are inconclusive. Therefore, you may wonder if you should schedule an autopsy to prove liability in a wrongful death case. It entirely depends on the circumstances leading to the loved one’s death.
Proving liability in a wrongful death case without an autopsy may not mean that you will not succeed in your case. However, it will be very difficult to convince the jury in the absence of an autopsy report. Even if you have a strong case and the reason for death and wrongdoing seems obvious, the jury may not be fully satisfied in the absence of the autopsy report.
The autopsy report is an ultimate proof about the cause of death that can later be linked to the wrongdoing. Absence of an autopsy report will create a doubt that death could have been caused by some other factors or the wrongdoing might be only partly responsible for the person’s death.
If you have lost a loved one due to the wrongful act of someone else, contact the lawyer’s at Rockland Injury lawyer’s for a free consultation. Our lawyers will help inform you of your legal rights and maximize your compensation.