How Experts Help In Trying To Prove Negligence Causing Death

In order to prove negligence, we need to do an investigation to discover the facts that our case will rest on.

For instance, if the death happened in an automobile accident, we need to get statements from the witnesses. We may want to find the party believed to be responsible and ask them under oath about what occurred. Our private investigator may interview witnesses, or put up signs to find other witnesses. We may want to use some accident reconstruction specialists to try and put together what happened immediately before the accident to determine what the likely cause was. In that regard, it is identical to any other kind of personal injury claim. Where it differs is in who is entitled to get compensated and how we look at the measure of the quantum.

One issue that can arise is the medical condition of the person prior to the accident. This is a factor that needs to be taken into account. Any kind of life threatening condition would obviously cut the claim down considerably. We need to be aware of an issue like that before the claim proceeds, so we may need to consult with medical experts using the deceased’s medical records.

Through freedom of information requests and in the litigation itself, one is entitled to look at the available documents. You want your own experts to go over those and see exactly what happened, and what the issues are. It is not something that lawyers can do; this is something you need your team of experts to do.


If you, or someone you care about, is dealing with Personal injury law issues in the Vancouver, British Columbia Region, contact Stephens & Holman.

This article is taken from a March 27, 2008 interview with Simon Holman, LL.B., Personal Injury Lawyer with Stephens & Holman in Vancouver , a Personal Injury Law Firm.

Note that laws vary from province to province. Please consult with a lawyer in your own area to be sure of the laws and specific issues in your own jurisdiction.