What Evidence Is Needed to Prove Wrongful Death in Arkansas?

Losing a loved one in a fatal accident can impact your life in ways you couldn’t have previously imagined. In this scenario, filing a wrongful death claim in Arkansas is important both for seeking closure and for seeking the financial resources you will need to cope with your loved one’s death in the future. 

Even when you are grieving the loss of a family member, the insurance companies won’t simply pay what they owe. They will put up a fight, and they may even try to blame your loved one for what happened. As a result, having comprehensive evidence is key. So, what evidence do you need to prove wrongful death in Arkansas? 

5 Key Categories of Evidence in Arkansas Wrongful Death Cases 

The specific types of evidence needed to prove wrongful death in Arkansas depend on the nature of the accident and the circumstances involved. For example, the evidence required in a fatal car accident case involving a drunk driver will be very different from the evidence required in a fatal construction accident case involving a premises-related hazard. 

With that said, the same general categories of evidence will be available in most cases. For example, when we represent Arkansas families in wrongful death cases, we generally rely on evidence such as: 

1. Forensic Evidence

Forensic evidence is evidence from the scene of the fatal accident. It can include both physical items (i.e., debris from a collision) and evidence that will disappear if it isn’t preserved (i.e., tire marks on the road). 

Gathering forensic evidence can be key to successfully pursuing a wrongful death case in Arkansas—and this makes it important to engage a law firm as soon after your loved one’s fatal accident as possible. Once you engage a law firm to represent your family, the firm will be able to send an investigator to the scene to preserve any and all forensic evidence that is available. 

2. Documentary Evidence 

Documentary evidence plays a key role in many wrongful death cases in Arkansas as well. This evidence can also take a variety of forms, and it can be available from several different sources. Some examples of common types of documentary evidence include:

• Cell phone records
• Employment records 
• Inspection reports 
• Maintenance records 
• Receipts and account statements 

Again, these are just examples. Here too, determining what evidence is available—and preserving this evidence before it disappears—requires experienced legal representation. In many cases, key documentary evidence will be in the defendant’s possession, and obtaining this evidence will involve compelling disclosure through formal legal means. 

3. Digital Evidence 

Digital evidence also plays a key role in many wrongful death cases in Arkansas. While this is technically a form of documentary evidence, there are so many specific types of digital evidence that it warrants mentioning separately. Some examples of common types of digital evidence include:

• Cell phone photos and videos
• Digital data (i.e., GPS data or testing data)
• Social media posts
• Text messages and direct messages 
• Traffic or surveillance camera footage 

We will often need to use formal legal means to obtain digital evidence in wrongful death cases as well. But, family members may have access to important digital evidence, too, and we work closely with our clients to ensure that they provide us with as much evidence as possible.

4. Eye Witness Testimony 

Eye witness testimony can be valuable evidence for confirming the sequence of events leading up to a fatal accident. When eye witnesses are available to testify in our clients’ cases, we ethically prepare these witnesses to provide testimony in support of our clients’ claims for liability. 

5. Expert Reports and Testimony 

Expert witnesses often play a central role in wrongful death cases in Arkansas involving vehicle collisions, premises-related accidents, construction accidents, and other tragic events. These individuals can examine the vehicles, products, or premises involved based on their expertise, and then they can prepare reports and provide testimony explaining why a fatal accident happened and who (or what company) is responsible. 

To be clear, not all of these categories of evidence will be necessary in all cases. As we said above, what is necessary in any particular case depends on the specific circumstances involved. Once you engage our law firm to represent your family, we will be able to determine what evidence is available, and then we will be able to use the available evidence to fight for justice on your family’s behalf. 

Contact the Rogers Wrongful Death Lawyers at Oliver Law Firm Today 

If you need to know more about what is involved in proving wrongful death in Arkansas, we strongly encourage you to get in touch. 

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