How to Prove Negligence in a Wrongful Death Case

After the loss of a loved one due to someone’s careless or reckless actions, the ability to prove negligence in a wrongful death case is the key to establishing liability. While negligence can take many different forms, and while various parties can potentially be liable for fatal accidents, you need to be able to prove the specific cause of your loved one’s death in order to take legal action. 

So, how do you prove negligence in a wrongful death case?

5 Ways to Prove Negligence in an Arkansas Wrongful Death Case

Proving negligence in an Arkansas wrongful death case involves collecting as much evidence as possible. There are various means of doing so, and what it takes to prove negligence in any particular case depends on the specific circumstances at hand. With that said, the steps involved generally include:  

1. Recalling (and Recording) as Many Details as Possible 

You cannot prove negligence in a wrongful death case without evidence. While we know it can be extraordinarily difficult, it is important to try to recall (and record) as many details about your loved one’s fatal accident as possible. If you can take notes to share with your family’s wrongful death lawyer, this will assist your family’s lawyer with determining where to look for additional information.

From the weather conditions at the time of the accident to whether any witnesses were present at the scene, any details you are able to record could be helpful. While you are taking notes, if you have questions that you want to ask your family’s wrongful death lawyer, write these down as well.

2. Conducting a Forensic Investigation

Investigations are critical for proving negligence in a wrongful death case. Once you hire a lawyer to handle your family’s wrongful death case, your family’s lawyer will conduct a comprehensive forensic investigation focused on gathering any available evidence before it disappears. Various forms of forensic evidence can be used to prove negligence in an Arkansas wrongful death case, including (but by no means limited to):

• Tire marks
• Damaged road signs and guard rails
• Vehicle debris 
• Evidence of road conditions and traffic patterns
• Debris from building collapses and other types of construction accidents 

As you can see, the forms of forensic evidence that are available will depend on the type of accident in which your loved one was tragically killed (among other factors). This makes it important to choose a lawyer who has specific experience handling similar types of cases. 

3. Talking to Eye Witnesses

Witnesses play a crucial role in proving negligence in a wrongful death case. If anyone witnessed your loved one’s fatal accident, the moments leading up to the accident, or the accident’s aftermath, these eye witnesses could potentially have critical information to share. Your family’s lawyer will work on tracking down any eye witnesses who may be able to provide sworn statements or testimony in support of your family’s case. If you have names and contact information of any eye witnesses, you should provide this information to your family’s lawyer—you should not try to talk to them on your own.

4. Contacting Other Parties that May Have Information or Evidence 

Along with working to track down eye witnesses, your family’s lawyer may also contact various other parties that could potentially have evidence of the negligence that caused your loved one’s death. For example, if it appears that traffic or surveillance camera footage may be available based on where the accident occurred, your family’s lawyer can contact the government agency or business that owns the camera to find out if footage is available. 

5. Obtaining Additional Evidence Through the “Discovery” Process

Your family’s lawyer will also be able to seek to obtain evidence of negligence through the “discovery” process. When you file a wrongful death lawsuit in Arkansas, you have the right to find out what evidence the defendant has in its possession. In many cases, evidence obtained through discovery will serve as key proof of negligence—and it will play a central role in settlement negotiations or at trial. 

Talking to a Wrongful Death Lawyer is the First Step in the Process 

Regardless of the evidence that is available, talking to a wrongful death lawyer is the first step in the process of proving negligence in a wrongful death case. If you need to speak with a wrongful death lawyer about your family’s legal rights, we strongly encourage you to schedule a free consultation at Oliver Law Firm.

Schedule a Free Consultation with a Wrongful Death Lawyer in Rogers, Arkansas Today 

Proving negligence in a wrongful death case can be extremely complex, and requires the knowledge, skill, and resources of an experienced attorney. Oliver Law Firm has extensive experience handling these difficult cases. We understand what it takes to prove negligence and we know how to win for our clients.

If you lost a loved one due to someone else’s careless or reckless actions, don’t face your hardships alone. The attorneys at Oliver Law Firm are ready to help you recover the justice, compensation, and peace of mind you and your family deserve.

Contact Oliver Law Firm today online or at 479-202-5200 for a FREE case evaluation. We serve clients throughout Arkansas and throughout the United States from our office in Rogers, AR.