[email protected] | February 21, 2025 | Wrongful Death
An autopsy is a medical examination of a dead body. It may include dissection of the dead body and analysis of tissue and blood. An autopsy gathers evidence to prove what factors led to the person’s death. Autopsy reports are key pieces of evidence in wrongful death claims.
Are Autopsy Reports Required for Wrongful Death Lawsuits?
An autopsy is not required to file a wrongful death case. However, an autopsy report can help you win a wrongful death lawsuit.
An autopsy allows a medical examiner to make a determination of the cause of death with a greater level of confidence. The autopsy report may also provide evidence that helps prove a party contributed to or caused a person’s death. Without an autopsy, it could be more difficult to prove causation for the death.
Causation is a key element in a wrongful death case. Proving that the party was negligent or engaged in intentional torts is insufficient to prove liability in a wrongful death case.
You must prove that a party’s actions were the direct and proximate cause of your loved one’s death. If you cannot prove the party’s actions caused your family member’s death, they are not liable for economic and non-economic damages.
Other evidence is used to prove causation in a wrongful death case, including:
- Eyewitness statements
- Videos and photographs of the accident scene
- Physical evidence from the accident scene
- Forensic evidence gathered during the autopsy and the accident scene
- Testimony and opinions from expert witnesses
- Medical records and reports
- Accident and police reports
Medical examiners may be called as expert witnesses in a wrongful death claim. In some cases, the family may arrange for an independent autopsy to confirm the medical examiner’s findings.
Things You Need to Know About Autopsy Reports in Texas
Losing a loved one is never easy. When the death is caused by another party’s negligence or wrongdoing, dealing with the legal implications can be overwhelming. One of the first decisions to make is whether to request an autopsy. Things you should know about autopsy reports and wrongful death claims include:
Request an Autopsy Immediately
If the cause of death is known, the coroner may not require an autopsy. However, the family can request an autopsy. The medical examiner may grant the request if the family can make a case that there are questions about the cause of death.
A prompt autopsy provides more reliable evidence. Therefore, you want to request an autopsy immediately. If the coroner still refuses to perform an autopsy, you may need to hire an independent medical examiner to do the autopsy.
Paying for an Autopsy After a Wrongful Death
If the corner proceeds with an autopsy, the state pays the costs. However, if the family requests an autopsy, they may need to pay the fee. An autopsy can cost several thousand dollars. If you find yourself in this situation, it is wise to contact an attorney.
Most wrongful death lawyers represent clients for a contingency fee. They do not charge any upfront fees, and they cover the expenses associated with the claim. The attorney receives their fees and reimbursement for costs from the money they recover for the wrongful death claim.
The Death Certificate May Be Delayed
When an autopsy is ordered, the death certificate is not issued until the autopsy report is complete. The death certificate will remain “pending” until the cause of death is determined. It could take weeks or months for the medical examiner to complete the autopsy, especially if a toxicology test is required.
With a death certificate, you may be unable to file for life insurance proceeds and other benefits. However, the delay may be necessary if the autopsy is the key to proving someone is responsible for causing your loved one’s death.
What Types of Situations May Require an Autopsy?
A wrongful death claim arises from any type of accident, intentional tort, negligence, or other wrongdoing that causes someone’s death. Examples include, but are not limited to:
- Motor vehicle accidents
- Slip and fall accidents
- Medical malpractice
- Defective products
- Assaults and intentional torts
- Workplace accidents
- Animal attacks and dog bites
- Commercial truck accidents
- Pedestrian accidents
- Bicycle accidents
Regardless of how your loved one died, if you suspect someone caused their death, take steps to ensure an autopsy is performed.
Learn More About Wrongful Death Claims in Texas
Call Roderick C. Lopez Personal Injury Lawyers to schedule a free consultation with our Texas wrongful death lawyer. We seek justice for families. We help them hold the party who caused their loved one’s death financially responsible for their actions.
Contact the Laredo Wrongful Death Attorneys at Roderick C. Lopez Personal Injury Lawyers. Call Us at (956) 529-7336
Call Roderick C. Lopez Personal Injury Lawyers to schedule a free consultation with our Texas wrongful death lawyer. We seek justice for families. We help them hold the party who caused their loved one’s death financially responsible for their actions. Contact our Laredo wrongful death lawyers at Roderick C. Lopez Personal Injury Lawyers to schedule a free case review today.
We are located in Laredo, TX, proudly serving Webb County and surrounding areas. We are located in Laredo, Texas.
Roderick C. Lopez Personal Injury Lawyers
6557 Metro Court, Suite 1 Laredo, TX 78041
(956) 529-7336
