In a wrongful death claim, the victim seeks to prove that the defendant’s negligence led to the death of their loved one. Filing a lawsuit with help from a Los Angeles wrongful death attorney aims to hold the defendant accountable for the tragedy they caused.
Proving the defendant’s negligence in a wrongful death lawsuit requires specific evidence. In this article, our Los Angeles wrongful death attorneys examine whether an autopsy is a necessary piece of evidence in such cases.
What is an Autopsy?
An autopsy, also known as a post-mortem examination, is a thorough medical examination of a body after death to determine the specific cause and manner of death.
Typically, a pathologist conducts an external and internal examination to uncover important information about the body and the circumstances surrounding the victim’s death. The findings from the autopsy are compiled into a detailed report, where the pathologist makes conclusions about the cause of death.
California Government Code Section 27491
According to California Government Code Section 27491, an autopsy is not explicitly required to prove wrongful death in every case. However, the coroner is mandated to investigate the circumstances, manner, and cause of certain types of deaths, including violent, sudden, or unusual deaths, deaths due to suspected criminal acts, and other specified situations.
In many cases, other forms of evidence, such as medical records, expert testimony, and eyewitness accounts may be sufficient to prove wrongful death.
Evidence Required to Prove a Wrongful Death Case
The elements required to prove a wrongful death case in California include:
- Duty of care. The defendant had a legal obligation to exercise reasonable care toward the victim.
- Breach of duty. The defendant breached the duty of care through negligence, recklessness, or intentional wrongdoing.
- Causation. The breach of duty directly caused the victim’s death.
- Damages. The victim suffered measurable losses as a result of the death, such as medical expenses, loss of benefits, loss of companionship, or loss of inheritance.
While an autopsy is not one of the four required elements to prove a wrongful death case, it can be particularly helpful in establishing causation. Why? Because it can provide a detailed medical explanation of the cause of death, which may be crucial in linking the defendant’s actions to the fatal outcome. This evidence can be especially valuable in cases where the cause of death is disputed or unclear.
Pros and Cons of Getting an Autopsy
Since getting an autopsy is not required by law to prove wrongful death, it is important to weigh the pros and cons before making a decision.
Pros
- No out-of-pocket cost. Autopsies are typically paid for by the state or medical examiners, so you are not responsible for the expense.
- Strengthens your case. An autopsy can provide crucial evidence, especially if the cause of death is disputed or the defendant denies liability.
- Potential for closure. Understanding the specific details and manner of your loved one’s death can offer solace and clarity to surviving family members.
Cons
- Emotional impact. The autopsy process can trigger strong emotions, including grief, anger, and distress. It may feel like an invasive step during an already difficult time.
- Conflict with religious beliefs. For some, an autopsy might conflict with cultural or religious practices regarding the handling of a body after death.
- Delays in funeral plans. The time required for an autopsy can sometimes delay funeral arrangements, which may prolong the grieving process.
Although an autopsy might be emotionally distressing for surviving family members, it could provide the necessary evidence to seek justice. An experienced wrongful death lawyer (Los Angeles) can help you determine whether an autopsy is essential for your case.
Schedule a Free Consultation With the Best Wrongful Death Attorney – Los Angeles
If you lost a loved one due to a wrongful death accident, our experienced and specialized Los Angeles wrongful death attorneys can help you seek the justice and compensation you deserve.
John J. Perlstein is the best wrongful death attorney (Los Angeles) and has over 25 years of experience securing fair and just outcomes in personal injury cases and wrongful death cases. He will ensure accurate compensation for victims’ families.
Reach us at (213) 583-5786. Or, fill out the form on our website to schedule a free consultation with a wrongful death attorney in Los Angeles. This consultation will provide you with an opportunity to tell us the details of your case and let us determine how we can help you compile sufficient evidence to get the justice you deserve on behalf of your loved one.