What Are the Challenges of Proving Damages in Wrongful Death Lawsuits?
Losing a loved one because of someone else’s carelessness is an experience families never truly prepare for. The emotional toll is immediate, but the financial and practical challenges that follow can be just as overwhelming.
When a wrongful death occurs, families need to consider how to pursue compensation for losses that are often difficult to measure. Every wrongful death case involves layers of uncertainty, and proving damages can be one of the most challenging parts of the legal process. When working with a wrongful death attorney, it’s important to gather financial records, personal accounts, and documentation that captures the full impact of the loss.
At Gerstner Law, we help families in Billings, Montana, and the surrounding areas understand how damages are evaluated and what evidence is needed to support a claim. We support families throughout these difficult cases with guidance grounded in compassion and clarity. Please reach out to us today to learn how we can help during this difficult time.
Challenges In Showing the Full Financial Impact
One of the earliest challenges in a wrongful death case is measuring the financial impact of the loss. Families often struggle to gather records while still processing their grief. Many don’t have immediate access to work documents, earnings reports, or tax filings.
These records become essential because financial losses form a significant part of the claim. Proving lost income requires showing not only what the person earned before their death but also what they could’ve earned in the future. This involves projections, analysis, and documents that take time to gather.
When working with an attorney, families often learn that future income calculations must consider promotions, raises, career growth, and inflation. These factors make the process more challenging, especially for someone with an unpredictable career.
The financial impact also includes losses that aren’t always obvious, such as lost benefits or retirement contributions. These losses can add up quickly and require careful documentation to support the claim.
Difficulty Placing Value on Non-Economic Losses
Non-economic losses, such as the loss of companionship, support, and guidance, are some of the most meaningful parts of a wrongful death case. However, they’re also the hardest to measure. Courts understand that these losses carry immense emotional weight, but assigning a monetary value to them requires careful explanation.
Families often struggle to express how the loss changed their daily lives. Many find it difficult to describe the emotional and relational impact in a way that supports a legal claim.
An attorney can help families organize details by gathering statements, personal records, and other evidence that reflects the significance of the relationship.
When non-economic losses are presented clearly, they provide the court with a fuller understanding of the depth of the harm. But without proper documentation, families may receive less compensation than they might have otherwise.
Challenges With Medical and End-of-Life Evidence
Medical evidence plays a significant role in proving damages. Records may show the pain and suffering the person experienced before passing away, as well as the cost of treatment, surgeries, hospitalization, and medication. However, families often struggle to collect these records when multiple hospitals or specialists were involved.
Medical billing systems can be complicated, and each provider may require separate requests. Missing documentation makes it harder to present a complete picture of costs. Working with a wrongful death attorney helps families track down these records and assemble them in a clear timeline that supports the claim.
Medical evidence may also include statements from doctors or specialists describing the severity of the injuries. These accounts are important, but obtaining them can be challenging, especially when hospitals have lengthy response times. The longer it takes to gather documentation, the harder it becomes to present the full scope of damages.
Proving Funeral and Burial Costs
Funeral and burial expenses often create immediate financial strain for families. These costs must be proven through receipts, invoices, and service agreements. However, during the early stages of grieving, families may not keep track of every document. Missing records can weaken the ability to claim these expenses.
Funeral homes may provide itemized statements, but families sometimes pay for additional services that don’t appear on initial invoices. A wrongful death attorney can help organize these records and make sure every recoverable cost is included.
Even when families have complete documentation, they may need help explaining how these costs relate to the wrongful death claim. Gathering all available records early prevents gaps that could reduce compensation.
Emotional Hurdles That Affect Evidence Collection
Grieving families often struggle to participate in evidence collection. Tasks like gathering financial documents, locating medical records, obtaining employment files, or requesting statements from friends and relatives can feel overwhelming. This delay in gathering materials may lead to missing evidence or weakened claims.
A wrongful death attorney helps by managing these tasks and guiding families through each step. Many relatives find it difficult to relive the circumstances of the death, and emotional strain can complicate clear communication. When families have support, they’re better able to provide the information needed to support their case.
Emotional barriers may also affect how families describe the loved one’s contributions, values, and impact. These personal accounts are important to non-economic damages, but families often struggle to express them. Guidance from the firm can help families present these details more clearly.
The Challenge of Proving Future Losses
Future losses require predicting how the loved one would have contributed financially, emotionally, or through daily support. These projections can be difficult, especially when the person was young, changing careers, or working in a job with variable income.
Before reviewing the list below, it’s helpful to note that future damages require detailed documentation to support the assumptions used in each estimate. These projections often involve multiple pieces of evidence.
Common types of future loss evidence include:
Projected earnings: Documents showing likely raises, bonuses, or steady income growth.
Career advancement: Records or statements describing future opportunities in the person’s field.
Household support: Documentation of caregiving, household tasks, or childcare responsibilities.
Retirement planning: Evidence of savings patterns or employer contributions.
These forms of evidence help families demonstrate the extent of the financial and personal contributions that were lost. However, without proper legal support, future losses may be undervalued or misunderstood.
Disputes Over Liability That Affect Damages
Even when the cause of death is clear, disputes over liability can complicate the calculation of damages. If the opposing party argues that the deceased contributed to the circumstances of the accident, this may reduce the recoverable amount.
A wrongful death attorney works to counter claims that attempt to shift blame. This often requires additional evidence, such as witness accounts, accident reports, or reconstruction analysis. These materials help clarify what truly happened and support the full value of damages.
Disputes may also arise regarding the timing of death, medical treatment decisions, or workplace practices. These disagreements prolong the case and increase the need for strong documentation. Families benefit from having support that helps collect and interpret evidence in a way that strengthens their claim.
Proving Damages When Records Are Missing
Missing records are a common challenge in wrongful death lawsuits. Sometimes files are misplaced, destroyed, or never created. When evidence is incomplete, proving damages requires finding alternate sources.
An experienced attorney assists families in locating financial or medical information from secondary sources. This may involve contacting former employers, hospitals, financial institutions, or insurance providers. These additional steps take time but often reveal the documentation needed to move the case forward.
Even when some records can’t be recovered, other forms of proof—like testimony, letters, or past statements—can still support the claim. The key is gathering as much information as possible to fill the gaps.
The Importance of Building a Complete Narrative
Proving damages isn’t just about gathering documents; it’s about creating a straightforward and connected narrative. The evidence must show who the loved one was, how they supported their family, and how their absence has changed everything. This narrative helps courts and opposing parties understand the true magnitude of the loss.
Our firm works with families to assemble this narrative and present it clearly and in an organized way. When the evidence aligns, families are more likely to receive compensation that reflects their damages. We can provide structure and guidance during a painful time, helping families move forward.
Contact an Experienced Wrongful Death Attorney Today
If you’ve lost a loved one due to negligence in Billings, Montana, or the surrounding areas, we can help you pursue a wrongful death claim with care and clarity. At Gerstner Law, we gather records, organize evidence, and guide families through the legal process so they can focus on healing. Reach out to our firm today.