A successful wrongful death claim depends on more than showing that a loved one passed away. You will also need to establish how the death occurred and who was responsible. Focusing on gathering evidence in Mankato wrongful death cases is essential for successful outcomes.

Thankfully, you do not have to build your case on your own. If you discuss options with our team, our skilled wrongful death attorneys can help you arrange the facts and explain what happened.

What Is the Burden of Proof in a Wrongful Death Action?

In a wrongful death case, your family has the burden of proving that another party’s negligence caused your loved one’s death. Unlike a criminal case, the goal is not to prove guilt beyond a reasonable doubt. Instead, the evidence must show that it is more likely than not that the defendant’s negligence caused the fatal injuries. This is known as proving the case using the preponderance of the evidence.

Meeting that burden requires more than speculation. In Mankato, an attorney will need to gather evidence that shows you have a valid claim for damages in your wrongful death action.

Having a lower burden of proof compared to a criminal case is important, in that it means you could recover compensation even if there may be no grounds for a prosecution. The success of your claim does not depend on the outcome of a criminal case.

Common Types of Evidence

Proving that a death in Mankato was wrongful starts with gathering evidence, but that evidence can look different from one case to another. For example, the proof needed in a motor vehicle case is different than what you might rely on after a medical mistake.

Accident Reports

Official reports often provide an important starting point for the investigation. Depending on the circumstances, these reports may document the incident’s location, identify the parties involved, describe investigators’ observations, and include other details that help explain how the event unfolded.

Photographs and Video Footage

Photographs and surveillance video can preserve details that may disappear within hours or days, which makes it important to hire an attorney as soon as possible. This footage could show the incident as it happened or provide the jury with important context about the seriousness of the injury or the factors to blame.

Witness Statements

People who witnessed the accident can provide valuable information about what they saw before, during, and after the incident. Independent witnesses often offer observations that help clarify disputed facts and support other evidence gathered during the investigation.

Medical Records

Medical records help establish the nature and extent of your loved one’s injuries. They document the treatment provided, the progression of the injuries, and the medical efforts made after the accident. These records are also important in determining the case’s value.

Employment and Financial Records

If your family seeks compensation for lost financial support, you may need to rely on your loved one’s employment records. Other documents, including tax forms, might also be relevant.

Expert Testimony

Some wrongful death cases involve technical or scientific issues that require specialized knowledge. Depending on the circumstances, qualified experts may evaluate:

  • Accident reconstruction
  • Engineering issues
  • Financial damages
  • Medical questions

These help explain how the incident occurred and what your family has experienced.

Call Us in Mankato About Gathering Evidence in a Wrongful Death Case

If you have lost a loved one due to negligence, our team is here to help. You deserve to receive compensation for your tragic loss, and we can fight for justice. To discuss gathering evidence in Mankato wrongful death cases, contact our firm today.