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

October 08, 2024 · 5 min read

When a wrongful death occurs due to someone's fault, the only way to get compensated is to prove the fault of the other party. Now, the whole responsibility of gathering proof is on the shoulders of the plaintiff. It is now the plaintiff's burden to prove to the court that the other party is at fault for the death of their dear one. In wrongful death cases, the standard of proof is called the preponderance of evidence. This means you must show that it's more likely than not that the defendant's negligence or misconduct was the direct cause of the death.

The Evidence Required In Wrongful Death Cases

With the burden of proof, the plaintiff now has to present an argument to the court that is supported by evidence. This argument will prove that the defendant/ the other party was responsible for the death of the plaintiff's loved one. The plaintiff may also need to show that they experienced losses due to the death and thus need to be compensated on the grounds of loss suffered. This process of proving fault with proper evidence is a tedious process especially after you have lost someone close to you. The emotional burden can be too much and during times like this gathering evidence and taking it to the court can be difficult for most people. Therefore, the plaintiff needs the support of a wrongful death lawyer Sparks who will not only represent you in court but also present all the evidence on your behalf at the court to make sure you receive the compensation and insurance claim you deserve. Let's take a look at the evidence that needs to be collected to file a wrongful death claim to prove the liability of the defendant -

Medical Record

Having detailed medical records is very important to be able to link the passing of your loved one to the negligence of the at-fault party. A medical report will help the accident attorney fight your case. These records should cover:

Results from diagnostic tests and lab work
The doctor's notes related to the case
Medications prescribed and their dosages
Medical checkups
Notes from consultations
Any other important details

Autopsy Report

An autopsy report provides detailed information about the specific cause of death. A wrongful death lawyer, Sparks, will carefully analyze this report to determine if negligence contributed to the fatality. If an autopsy has not been conducted yet, you might need to arrange for a private pathologist to perform one in order to determine the exact cause of death.

Photo and Video Evidence

Pictures and videos of the accident scene, damage, and injuries can act as valuable evidence to understand what caused the accident and how it was caused. If you hire an experienced accident attorney in Sparks, they will gather photographs and video evidence from witnesses, law enforcement, property owners, and other relevant sources.

Eyewitness Testimony

An eyewitness can provide strong evidence and clear descriptions of what exactly happened in the accident. These statements will help solve the puzzle piece by piece so that a clear picture can be created about the vents that led up to the accident and the death of the victim. Eyewitness testimony will be able to prove negligence on the defendant's part.

Accident Reports

Law enforcement accident reports contain important details, such as eyewitness information, details about the accident time and place, and other information. These reports are unbiased and can be used as important evidence in court in a wrongful death case by an accident lawyer.

Expert Witness Testimony

An expert witness is someone with deep professional knowledge in a specific area. Their insights are often needed in legal proceedings, particularly in wrongful death claims. The testimony of an expert witness can play a very important role in strengthening your case and thus helping you win the case for your loved one.

Financial Expenses

A wrongful death claim aims to help you recover financial losses resulting from the death of your loved one. These losses may include medical bills incurred before passing, lost income, and other financial support. It's essential to back these claims with solid documentation and expert testimonies.

How You Can Prove That a Family Member's Death Was Caused By Negligence?

When you lose someone you love so dearly, be it your family member or your friend, it isn't easy emotionally. It becomes even harder if the death was caused by the negligence of someone else. In such cases, you will have to prove negligence that led to your family member's passing. To do this, you will need to demonstrate that-

Duty of Care - You will have to show that the responsible party owed your loved one a duty of care. This means that they had a legal obligation to act in a way that mas sure your loved one was safe. Which can be linked to driving the vehicle at a certain speed, following traffic rule and not being intoxicated while driving.
Breach of Duty - The evidence presented to the court must show that this duty was violated, meaning the responsible party failed to act as they should have. Thus leading to the death of your loved one.
Causation - Next comes the proof of a connection between the at-fault party's negligence and your loved one's death. Evidence must show that their actions (or lack of action) directly caused the death of your loved one.
Damages - Lastly, the evidence of how the death resulted in measurable damages, such as emotional distress or financial loss, needs to be presented to the court in terms of financial loss, medical bills, and emotional damage.

Having solid evidence for each of these points is very important for a successful claim. An experienced accident lawyer, Sparks, can help guide you through this long process when you need support at your time of loss.

Need Help with a Wrongful Death Claim? Consult Our Compassionate Lawyers in Sparks.

If you are facing the heartbreaking challenge of filing a wrongful death claim, you don't have to do it alone. Contact Bradley, Drendel & Jeanney Law Firm today! Our dedicated wrongful death lawyers in Sparks will support you every step of the way. Let us help you gather the needed evidence and fight for the justice your loved one deserves. Call us at 775-871-1833 for a free consultation, and let's start building your case together.

Jul 16, 2026

How Much Is My Car Accident Claim Worth in Nevada?

After a crash in Reno, NV, you have the right to get compensation for your losses and damages from anyone who was at fault. Many people start this process by asking "how much is my car accident claim worth,” but it's not possible to put a number on your case without knowing the details. Talk to a lawyer as soon as you can, and keep reading to learn about the main elements that will shape the number. How Much Is My Car Accident Claim Worth in Reno, NV? The value of your claim is going to depend heavily on several factors, the four most important of which are: Liability Total damages Comparative negligence Skill and experience of your lawyer 1. Liability Liability is determined by who was negligent. Negligence happens when someone doesn't act the way a reasonable person in that situation would to protect themselves or others. In car wrecks, liability often comes down to asking, "Who failed to perform their duty towards other road users by failing to follow the laws or acting unreasonably?” If you can show someone was speeding, ran a red light, was driving distracted, or similar, you can usually hold them liable. 2. Total Damages Your damages break down into two categories: economic and non-economic. Economic These are the concrete financial losses, like medical expenses, lost wages from missed work, lost earning capacity if you can't return to the same job or hours because of your injuries, and property damage. These are the foundation of your claim. Non-Economic Pain and suffering, emotional distress, loss of enjoyment of life, and any lasting changes to your daily activities or relationships belong in this group. There is no fixed formula that automatically applies for calculating these. It all depends on the severity of your injury, how long recovery takes, whether the effects are permanent, and how the injury has altered your normal routine. It also depends on your attorney: a good attorney will know how to calculate this fairly and argue for it effectively. 3. Comparative Negligence Nevada uses the 50% comparative negligence rule, and that can affect your claim. So long as you're not more than 50% at fault, you can claim compensation, but your claim will get reduced by the same amount as your fault. So if you're found to be 15% at fault and are owed $23,000 in compensation, you'd end up with about $19,550. It's very important to have a lawyer if you have some fault in the incident, as your lawyer can make sure you're protected from any attempt to call you more at fault than you are. 4. Your Lawyer It matters whether your lawyer is experienced in personal injury cases and skilled at: Gathering evidence and putting it together clearly and effectively Negotiating with insurers and understanding their tactics for minimizing claims Dealing with the red tape of the Nevada legal system Arguing and winning in court, if needed To get the help your claim needs, visit Bradley Drendel & Jeanney in Reno, NV now or call us at 775-335-9999 for a free consultation. We've been protecting Nevada personal injury victims for over 70 years.

Aug 27, 2026

What Should You Do Immediately After a Truck Accident?

After a truck accident involving a large commercial vehicle, the things you choose to do (or forget to do) can have a big effect on your future claim. Here's what to do after a truck accident in Carson City, NV. What to Do After a Truck Accident in Carson City, NV Check for Injuries Check yourself and everyone in your vehicle for injuries the moment the vehicles stop, and remember that adrenaline can easily mask pain, broken bones, or internal injuries for a time, so always get checked out later even if you feel fine at the moment. If anyone feels dizzy, has neck pain, or struggles to breathe, help them stay still and wait for help unless there's a life-threatening emergency, such as a car fire. Call 911 right away so police and emergency medical crews can respond. If your car can still move and the roadway is unsafe, pull as far off the travel lanes as possible. Talk to First Responders When officers reach the scene, give them a factual account of what you saw and felt. Stick to the sequence of events and don't make any guesses about fault or offer any opinions. Ask for the report number and the name of the investigating officer before you leave, because that official record is an important piece of evidence you may need later. Get Evidence If you're well enough to do so, snap pictures of everything you can. Capture the positions of both vehicles, the truck's company name, the USDOT number on the truck and its license plate, and any visible cargo. Include pictures of any skid marks, junk in the road, weather conditions, traffic signals, and the surrounding roadway generally. Take pictures of your own injuries and the interior of your vehicle. Exchange Information Exchange basic information with the truck driver and any other involved drivers, if it is safe to do so and you are all well enough to do so. You should get names, registration, and insurance information from everyone, but from the truck driver you'll also need commercial license details and the motor carrier's name. Collect contact information from any witnesses who stopped. Talk to Your Insurer Notify your own insurance company as soon as you can, but provide only the basic facts of the collision. Avoid making any recorded statements to the trucking company's insurer until you understand the full scope of your losses and have talked to a lawyer. Be aware that commercial carriers love to send adjusters to the scene quickly and press you to make a recordered statement as soon as possible; the goal is to get you to say something they can use later to limit their losses. Always refer them to your lawyer. Contact a Lawyer As soon as you're able, contact a lawyer with experience in truck accident claims. These claims often involve multiple parties, from the driver and motor carrier to cargo loaders, third-party mechanics, and sometimes equipment manufacturers. Each may have different insurance layers and different defenses. Contact Bradley Drendel & Jeanney today in Reno, NV for a free consultation. We've served all of Nevada and Northeastern California for over 70 years.

Jun 18, 2026

What Is a Contingency Fee?

When an unexpected injury disrupts your life, you may have the right to bring a legal claim to get reimbursed for your losses and damages. But doing so on your own is hard for many reasons, not least of all because you've got to concentrate on healing and getting back to normal life. You might have thought of contacting a lawyer here in Reno and wondered just what a personal injury lawyer contingency fee is all about. Defining the Contingency Fee Arrangement A contingency fee is a payment structure where your lawyer only gets compensation if your case is successful. If there is no recovery, you owe no attorney fees. This arrangement is especially common in personal injury because it removes the barrier of having to come up with immediate legal costs just to pursue your rights. The lawyer's payment comes as a percentage of whatever is recovered. How the Personal Injury Lawyer Contingency Fee Typically Works When you go this route, your lawyer invests time, resources, and expertise with the understanding that payment depends entirely on their success. The percentage is agreed upon in advance, and sometimes it can increase if the case ends up requiring more work or has to go to trial. You and the lawyer sign a written contract that spells out the exact percentage and scale, how it applies to the total recovery, and other key terms. Once the funds arrive from your award, your lawyer deducts their fee according to the agreement, handles any liens or medical repayments that have to be reimbursed from it, and distributes the remainder to you. Written Agreements and Nevada Requirements Nevada rules basically require that the contingency fee agreement be in writing and signed by you, clearly state the method for calculating the fee, include the specific percentages that apply at different stages, and address how expenses are to be handled and whether you remain responsible for those if the case does not succeed. Fees vs Case Expenses The contingency percentage covers the lawyer's time and skill. Case expenses are other things, like court filing fees, the cost of getting expert witness reports, medical record retrieval, investigation expenses, and costs for doing deposition transcripts. In many personal injury cases, the lawyer advances these costs and only recovers them from the settlement proceeds if the case succeeds. Advantages of the Contingency Structure Access With this arrangement, you can afford to retain experienced representation without draining all your savings or taking on debt just to get started. Confidence With this arrangement, your lawyer has skin in the game. Their recovery depends on winning, and the amount they get depends on maximizing your compensation. Breathing Room Instead of worrying about monthly legal bills, you can focus on medical treatment and getting your life back on track. Talk to a Reno Personal Injury Lawyer to Learn More Call us today at Bradley Drendel & Jeanney in Reno, NV, where our nearly seven decades of focus on personal injury cases make us one of the state's most established firms.