Wrongful Evidence

Improved Essays
If you are pursuing a wrongful death lawsuit in the name of a loved one, you are going to need to prevent evidence to prove your case and back-up your claims. Your evidence is going to need to demonstrate three different elements in order for your case to have the highest chance of success. It is important to note that this is not all evidence that you need to provide; your attorney will have legal power to request evidence and will gather the necessary evidence to prove the three points below.

#1 What Exactly Happened

The first thing that your evidence is going to need to prove is what exactly happened to your loved one. If your loved one was involved in an industrial accident, for example, you are going to want video and witness testimony
…show more content…
Or, another reliable witness would be the first responders who were called into the accident scene; their observations at that time can help establish what happened. A witness is not necessarily someone who saw the accident, it can be people who were knowledgeable about, continuing the example, the installation and maintenance surrounding the scaffolding. These witnesses may be employees of the company your loved one worked for, or they may be inspectors that checked out the work site.

Witnesses in wrongful death cases are individuals who are knowledgable about the equipment your loved on was working on, as well as maintenance of that equipment; they do not have to have actually seen the accident to be able to provide valuable testimony.

With industrial accidents, it is often more about showing the conditions that lead up to the accident, and not just about the actual accident itself. With industrial accidents, there are generally multiple layers of government oversight that are supposed to be in place. Your attorney can request all the documentation that the government oversight should provide; even a lack of evidence in this area can be evidence that the right oversight was not taken to protect your loved
…show more content…
There is a variety of different types of evidence that could prove this. The observations of other workers on the site could be used to show the right safety precautions were not taken. Or the paperwork and records that the company keeps concerning the equipment may be used to prove that guidelines were not followed. Government inspections of the equipment, or lack of appropriate inspections, could also be used to show liability.

It is important to remember that multiple parties may be held liable for your loved one's death in an industrial accident, including the company your loved one worked for, the company that inspected and maintained the equipment that malfunctioned and any company or organizations that was responsible for inspecting the equipment.

You need to make sure that your evidence either demonstrates that the defendant(s) was negligent or acted in an intentional manner that lead to your loved one's

Related Documents

  • Improved Essays

    Prowfit Case Study Essay

    • 978 Words
    • 4 Pages

    The next case I will be discussing will be Bronwynn. Bronwynn was let unattended at the gym by the employees on duty as they knew she was an experienced member. Bronwynn suffered back injury due to faulty equipment, which then made Bronwynn to decide that she will resume her studies in the next year after her recovery. Bronwynn may want to sue the gym in breach of condition of negligence and breach of contract, which she may potentially have a contract of Sale of Goods 1979 . Under the Employees Liability Act 1969 , if the equipment is defective due to the fault of a third party, such as the manufacturer, the employer may be held liable even though they are not personally to blame and could not have known the defect.…

    • 978 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    The prosecution had mainly circumstantial evidence along with one piece of physical evidence in linking Peterson to this murder. Circumstantial evidence is evidence that a judge or jury can infer upon…

    • 332 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    Amanda Crookedstick Case

    • 535 Words
    • 3 Pages

    The accident was not caused by any breach of the statutory duty imposed by Section 3 of the Safety in Factories (Scotland) Act 2009. There has been no fault found with the hoist, even after a thorough investigation, which proves that my client has demonstrated positively their absolute and exact compliance with s. 3. No particular step in which my client omitted to take can be singled out therefor there was no breach of the statutory duty. The failure remains an unexplained mystery. My client has ensured that special care and maintenance was used and that the hoist was in good condition as it was extensively checked the day before the accident.…

    • 535 Words
    • 3 Pages
    Decent Essays
  • Improved Essays

    Big Truck Law Essay

    • 426 Words
    • 2 Pages

    If you are in an in accident involving a big rig, you will, of course, cooperate with police and emergency personnel at the scene. Try to get the names and addresses of witnesses if possible, and obtain a medical evaluation. The next step is to contact a Big Rig Accident attorney in Newport Beach immediately. Contact the Ledger Law Firm. The Ledger Law Firm can help.…

    • 426 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Anatomy of Murder The film Anatomy of Murder depicts the criminal trial process. It gives an almost accurate account of how a trial process is. In the film there are a few exceptions to the depiction of the trial but it did a great job with how it showed the trial process. This paper will analyze the pretrial and trial proceedings depicted in the film.…

    • 966 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The law regarding wrongful death in South Carolina is contained in the South Caroline Code of Laws (Chapter 51, Article 1). It defines wrongful death as occurring when an individual dies through “the wrongful act, neglect or default of another” and details who can bring wrongful death lawsuits and the nature of damages which can be recovered. What is Wrongful Death? Wrongful death can occur through either the negligence or intentional act of another person.…

    • 463 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    The existence of crime show television has implanted many ideas about how the courtroom works when it comes to presenting evidence. These shows have covered grounds from tampered evidence, to inadmissibility, and lack of relevancy. However, it is much easier to understand the difference between the viewpoints of pop culture on evidence and the actuality of the manner, when you understand the different types of evidence. Evidence is classified into two categories, direct and circumstantial evidence. In order to understand the definition of both, one must understand a material fact.…

    • 1563 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    Eyewitness identification relies upon the eyewitness memory and the ability for him or her to retain that information and reporting it straight to the police. Memory is considered as evidence because information is being gathered and encoded in memory. Over time the storage holds in the encoded information in the brain until retrieval occurs so the brain can have access to the information. Although memory is not accurate, errors can occur throughout the process of encoding, storage, or retrieval. Even images and sound can deteriorate over time, which makes it hard to recall them back.…

    • 1671 Words
    • 7 Pages
    Improved Essays
  • Superior Essays

    Most of the testimonies in this case are regarding the material evidence,…

    • 1188 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    A major role in criminal justice system with many crimes are eyewitnesses, they are vital in identifying, charging and convicting perpetrators of crimes. There are numerous issues concerning child eyewitnesses in the criminal justice system, such as accuracy and reliability. A number of researchers have theorised that children assume that adults would not request a child to identify a target if they were not in the line-up. Children feel pressured to identify regardless of whether it was a correct identification. Mistaken identification made by child witnesses has a higher rate than with those that are adult witnesses, this is predictable with past research demonstrating that children ‘make more choices and prone to guessing’…

    • 376 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    Wrongful Death Claims

    • 565 Words
    • 3 Pages

    Wrongful death cases can be an emotional, time consuming process for the survivors of the deceased loved one. As a family member or representative of the estate, you have the right to seek compensation for the loss of a loved one due to negligent circumstances. The claim may be filed against a person or entity. Wrongful death cases are a complex legal procedure, seeking the aid of a top personal injury attorney should be the first step.…

    • 565 Words
    • 3 Pages
    Decent Essays
  • Improved Essays

    Wrongful Death Suits in Georgia Personal Injury Attorney Georgia is here for you when a loved one has been killed from a wrongful death accident. Our attorneys have experience with preparing and taking to trail wrongful death lawsuits throughout Georgia. With many years of experience on our side and a passion for our clients, we can help you receive monetary compensation for what you have suffered. We know that losing a loved one changes your life and that there is nothing the legal system can do to make up for this loss. However, you deserve to receive justice and fair compensation.…

    • 504 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    Criminal Case Process

    • 1497 Words
    • 6 Pages

    The Processing of a Criminal Case When processing a criminal case, the first thing that has to have happened is that some sort of a crime has allegedly been committed. Steps are taken to ensure that the guilty are brought to justice and that the innocent aren’t tried for crimes they didn’t commit. A number of professional members of law enforcement, as well as the crime scene technicians, lawyers and judges play an important role in making sure that criminals don’t get away with the breaking the law. Although the system isn’t perfect, it does allow law abiding citizens peace of mind knowing that there are those out there working to put those who deserve it behind bars.…

    • 1497 Words
    • 6 Pages
    Great Essays
  • Superior Essays

    A lawyer will embark upon steps to ensure that evidence is secured, so it's not destroyed, even by mistake. A lawyer can complete all of these tasks in the most efficient and rapid manner while you attend to immediate arrangements for the deceased while you handle your grief. 2. Another important reason to secure a lawyer immediately is to gain advice regarding with whom you should discuss the accident and what you should ask these people. In a vehicle accident, you will encounter your own no-fault insurance, but the insurer who the other driver employs might try to contact you in addition to the possibility of being contacted with law enforcement or the medical examiner. Statements made can be employed in court in an attempt to place the blame on the deceased or to minimize the financial compensation to which your family is entitled.…

    • 1755 Words
    • 8 Pages
    Superior Essays
  • Great Essays

    Imperial Sugar Case Study

    • 2476 Words
    • 10 Pages

    Imperial Sugar Imperial Sugar was known to be one of the largest sugar processing plants in the United States. The company employed over four hundred employees and contractors at its plant located In Port Wentworth, Georgia, just outside of Savannah. The facility covered over one hundred acres of land and is bordered by a river. The facility used conveyors to transport stored sugar from silos to the necessary areas throughout the plant. The Port Wentworth plant takes raw sugar cane and creates sugar, powdered sugar, brown sugar, and numerous sugar products.…

    • 2476 Words
    • 10 Pages
    Great Essays