What Kinds of Witnesses Do You Need in a Wrongful Death Lawsuit?

It’s tragic when a loved one dies in a car accident, truck accident, or any type of vehicle accident. Fatal accidents are also often due to medical malpractice, construction accidents, nursing home abuse, oil and gas extraction accidents, and other causes. Wrongful death actions require seasoned trial lawyers who understand the unique challenges involved in presenting evidence when the person injured in the accident can’t speak for themselves.

At Carmody and Ging, Injury & Accident Lawyers, we have 60 years of combined experience representing families when a loved one dies to the negligence of others. Our Pittsburgh wrongful death lawyers understand what evidence you need to prove the defendants are liable and to show how much each family member deserves. In one wrongful death case, we obtained $11.8 million for a family when their loved one died because of an accident involving a drunk driver.

What witnesses are necessary to prove liability in a wrongful death case?

Since your father, mother, spouse, child, or other close relative can’t testify; you need other witnesses to show how the accident happened and who is responsible. The witnesses in a Pennsylvania wrongful death action will vary depending on the type of accident. Some of the witnesses who may be called to testify in court, or to provide statements, or sit for depositions before your trial include:

• Police officers: In almost all car accidents, truck accidents, motorcycle accidents, and other vehicle accidents; the police will arrive at the scene. In the case of serious crashes involving injuries and deaths, police involvement is mandatory. They’ll investigate the layout of the roads, the damage to the vehicles, the weather conditions, and many other factors that can help establish the liability of a driver. If they believe that a driver was intoxicated, they will likely conduct a breath test.
• Traffic reconstruction experts: These experts are skilled at analyzing how vehicle accidents happen and who is responsible. They often use engineering principles and computer graphics to develop, demonstrate, and explain their conclusions.
• Expert physicians: In medical malpractice cases, we’ll work with physicians who practice in the same field of medicine as the doctor who treated your loved one. These physicians are important in building a strong, evidence-based case in the technical medical field.
• Building code and fire officials: These officials may be helpful if your loved one died due to a fire or because a building wasn’t up to code.
• Nursing home administrators: We work with nursing home administrators who can testify about the standards of care that were not followed at the nursing facility where your loved one lived.
• Our own investigators: We hire investigators who conduct their own investigation of vehicle accidents, negligent security assaults, and many other types of accidents.
• Any eyewitnesses: We’ll question anyone who observed any part of the accident. These witnesses can be very helpful if your case has to go to trial.
• Any other witness who has information about the accident: For example, a car mechanic may testify about the damage to your loved one’s vehicle if they died in a car crash.

One key factor to understand is that Pennsylvania does try to level the scales of justice. Since your loved one is not able to testify, the defendants normally can’t testify about how the accident happened or anything your loved one said. Our Pittsburgh wrongful death lawyers understand how this rule, called The Dead Man’s Rule, applies to your case.

What witnesses are necessary to prove damages in a wrongful death case?

The damages in an Allegheny County wrongful death claim include the following:

• The burial and funeral costs
• The loss of financial support your loved one would have provided including the loss of pension benefits and other retirement benefits
• The loss of an inheritance
• The value of the services such as household services your loved one would have provided
• Loss of consortium for a spouse
• Loss of companionship, guidance, and support your loved one would have provided
• Any estate administration expenses

The witnesses who can verify or explain these damages include:

• A funeral parlor official: This person can provide evidence about the funeral and burial costs.
• A family doctor: Your loved one’s doctor may be called to verify the death of your family member.
• A county medical examiner: The Allegheny County Medical Examiner can confirm that your loved one died. In some cases, the coroner may testify about the cause of death.
• Financial and vocational experts: These experts, often forensic economists, can provide evidence about how much your loved one would have earned, your loved one’s life expectancy, the value of household services, and the value of other damages including emotional support and guidance.
• Your loved one’s employer: An employer can testify about how much your loved one was earning when they died, how long your loved one would have worked for the employer, and what benefits your loved one was (and would have been) entitled to claim.
• The individual family members: Each family member can testify about their relationship to the decedent and the types of comfort, guidance, and support they received.

Other witnesses may include psychologists and life care planners.

If the death of your loved one was not instantaneous, then the family can also file a survival action. A survival action is essentially a personal injury action on behalf of the decedent – for any medical bills and pain and suffering between the time of the accident and the time of death. The amount of the survival action is paid to your loved one’s estate.

The treating healthcare providers can provide evidence of the amount of the medical bills. The treating physicians can also provide evidence of your loved one’s pain and suffering. Family members can also testify about their loved one’s pain and suffering.

In some wrongful death cases, criminal charges are also filed. We work with the prosecution to coordinate your civil claim with the criminal case. Many of the witnesses who testify at the criminal case may also testify in your wrongful death case. To speak with a lawyer who understands the unique challenges of handling wrongful death cases in Pittsburgh and Allegheny County, please call us or complete our contact form to schedule a free consultation.