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  • The Miley Legal Group
  • 229 West Main Street
    Clarksburg, WV 26301
  • Phone: 304.931.4088
  • Fax: (304) 326-1801
  • Toll Free: 888.436.0859
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Star City Wrongful Death Attorney Reviews Collecting Evidence in a West Virginia Wrongful Death Claim (Part A)

Tim Miley
Injury Lawyer, Author, & Owner of The Miley Legal Group

In a wrongful death claim, the evidence and documents you provide your Star City wrongful death attorney may be crucial to achieving justice in the passing of a loved one. 

In some ways, a wrongful death suit is very similar to a personal injury lawsuit. Essentially, the objective is to successfully prove that your loved one’s death was the result of another party’s negligence

Since the case involves a fatality, another person stands in to file the lawsuit on behalf of the deceased. Generally speaking, the deceased’s children, a spouse, immediate family members, or other dependants are eligible to file the lawsuit. 

There are typically two major parts to a wrongful death lawsuit. The first is to establish that another party was responsible for the death and that they were negligent in their efforts to prevent it. Secondly, the plaintiffs will be responsible for presenting evidence to help establish damages in the claim. 

The proof of another party’s responsibility for the death needs to be demonstrated by the evidence. In most types of claims, there are a few pieces of evidence that you’ll need to collect including: 

  • autopsy reports, death certificate, and other medical records;
  • police reports;
  • eyewitness testimony;
  • visual evidence like photos and video; and
  • case-specific documents and testimony.

There may be different types of evidence that needs to be gathered depending on the type of wrongful death claim you’re filing. For example, a workplace accident is different than a car accident. YourStarCitywrongful death attorney can help you determine what documents will help make the case. 

Once you have helped your attorney gather the evidence necessary to prove the validity of your West Virginia wrongful death claim, you will need to gather evidence to argue the damages that you are seeking in your claim. 

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