What kind of evidence is needed to prove a wrongful death due to brain injury?
When proving a wrongful death due to a brain injury in California, evidence is needed to show that negligence or a wrongful act led to the death. For example, this could be evidence showing that another party’s negligence or intentional act caused the injury that led to the death. Evidence could include medical records and reports, police reports, photographs and videos, witness statements, and expert testimony. The medical records and reports have the potential to provide an in-depth look at the brain injury, diagnosis, and prognosis. Police reports and photographs can help illustrate the circumstances that led to the brain injury. Witness statements can help prove the actions of other parties at the time of the incident. Expert testimony can help establish the link between the brain injury and the wrongful death. It is important to keep in mind that in California, the evidence must meet the criteria of the legal element of proximate cause in order to prove a wrongful death due to a brain injury. This means that the evidence must prove that the brain injury was a direct or foreseeable result of the wrongful act or negligence. In other words, the wrongful act or negligence must have directly caused the brain injury, and the brain injury must have directly led to the wrongful death.
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