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How Digital Evidence Shapes Wrongful Death Litigation

Digital evidence can create an online footprint and, in some cases, a detailed timeline of the events that led to a sudden demise. It can capture details before and after the accident that tell its story from varying points of view and lend credibility to your case. It is also objective and impartial, which can further support your compensation request.

You do not have to collect digital evidence or use it to build your claim on your own. If your family lost a loved one in a negligence-based or intentional injury manner, a wrongful death lawyer in your area can help you build a strong case file. In today’s society, it can include valuable online and offline digital evidence that shapes wrongful death litigation. 

The Role of Social Media and Other Digital Forensics in Wrongful Death Cases

Social media use is prevalent among all age groups today. Representatives on both sides of a wrongful death case may review social media channels for information to support their client’s version of events. As part of their cyber investigations in wrongful death litigation, your lawyer may advise you to avoid:

  • Posting pictures related to your case
  • Accepting unknown friend requests
  • Engaging in direct messaging online
  • Making your social profile public

Social media posts can leave a digital footprint that supports your case, but they can just as easily present one that jeopardizes it. Consider consulting a lawyer before posting any digital images or observations about your case.

How a Wrongful Death Lawyer Obtains and Utilizes Digital Evidence

On your own, it can take a lot of work to obtain digital evidence. Some forms of it may require subpoenas and other avenues of legally obtaining it. Electronic and digital evidence is helpful in your wrongful death case for multiple reasons. It can:

  • Create an effective online paper trail
  • It can contain geotags pinpointing locations
  • It can include valuable time and date stamps

Your attorney can compile and catalog digital and electronic evidence. They will also present it to the at-fault party and their legal and insurance providers on your behalf. While your lawyer prepares your case and fights for compensation, you can focus on taking care of your family in the aftermath of your loss.

Types of Cases That May Use Electronic Evidence in Wrongful Death Lawsuits

Electronic evidence in a wrongful death action can include text message exchanges, email exchanges, and other cell phone data and metadata. A demise caused by negligence, carelessness, or recklessness can include the following accidents and corresponding evidence:

  • Car, truck, and bus accidents that rely on dashcam, smartphone, and traffic camera imagery
  • Nursing home abuse cases that can rely on security and smartphone footage
  • Slip and fall cases that can rely on security, surveillance, and smartphone footage
  • Medical malpractice cases where hospital security or surgical observation video is available

This list is not exhaustive. Other wrongful death cases where your legal team might collect electronic evidence include pedestrian accidents, defective products, or intentional injury cases.

Recoverable Damages in Wrongful Death Lawsuits

CCP § 377.60 (a) defines wrongful death as any action deemed wrongful or negligent that leads to the demise of another. Under these circumstances, your family can recover wrongful death damages. Your lawyer will assess the value of the following damages

  • The cost of your loved one’s final arrangements
  • Loss of your loved one’s financial contributions
  • Loss of their contributions to your household
  • Loss of consortium, companionship, and care

In most cases, the deceased person’s parents, spouse, and children qualify to recover compensation. Depending on the circumstances, a domestic partner or other person could qualify for damages. The best way to understand your financial recovery options is to consult a local law firm. Most will review your case at no cost or obligation.

Wrongful Death Litigation and the Statute of Limitations

While you have the right to file a wrongful death lawsuit, the time allotted for you to do so is limited by the statute of limitations. In California, you generally have two years to file, according to PCCh § 335.1.

The filing deadline can change based on the age of the injury victim and certain evasive actions taken by the at-fault party. The best way to accurately interpret the filing deadline is to let your lawyer handle it for you. Their familiarity with wrongful death laws can help you avoid a potentially costly filing delay. 

Get a Free Review of Your Family’s Wrongful Death Case

If your family lost a loved one due to another person’s or entity’s negligence, our wrongful death attorney will request compensation on your behalf. We also clarify how physical evidence, documents, and digital evidence shape wrongful death litigation.Find out how hard we work for your family. Call to speak with us at KJT Grupo de Derecho hoy.

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