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Can You Still Sue for Wrongful Death if No Autopsy and Toxicology Were Done?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Nov 11, 2020

Read Time: 4 mins

Verifying the cause of how an individual died– is often crucial in a wrongful death case. A personal injury lawyer will frequently use an autopsy or toxicology report to show how negligence caused this. These reports can also be used to rebut allegations that the victim’s own negligence contributed to their demise. However, this does not mean that the survivors cannot pursue a wrongful death case if no autopsy or toxicology was done.

Our New York and New Jersey wrongful death attorneys at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. use their knowledge and experience from many years to recover damages– even if autopsy or toxicology studies are not available. We are skilled and experienced in using other evidence that may be available to eliminate any questions over whether a negligent party’s actions led to the death.

How Are Autopsies and Toxicology Reports Used in Wrongful Death Lawsuits?

The utility of an autopsy or toxicology report will vary with the specific facts and the nature of a wrongful death lawsuit. For example:

Where medical malpractice might have caused the victim’s death, an autopsy can conclusively show their underlying medical conditions. If medical records reveal that a health care provider failed to diagnose a disease or treated them improperly– a wrongful death lawyer will use those results to demonstrate that the provider’s actions were the cause of the victim’s death.
If someone dies in police custody and law enforcement authorities argue that the victim’s impairment by drugs or alcohol caused their death– then a clean autopsy or toxicology report will readily defeat that argument.
A negligent party or their insurers will frequently try to reduce the wrongful death damages they are obligated to pay. They argue that the victim’s own negligence contributed to an accident– particularly if the victim was intoxicated or had a separate medical condition that increased susceptibility to injuries.

How Does a Wrongful Death Attorney Prove a Victim’s Cause of Death Without an Autopsy or Toxicology Report?

Every wrongful death lawsuit in New York and New Jersey will involve an analysis of copious amounts of evidence about the accident and the negligent party’s actions. A team of skillful personal injury lawyers will present that evidence in pre-trial settlement negotiations and arguments to a jury. They will do so in a manner that shows a clear connection between those negligent actions and a wrongful death. The evidence that lawyers might use include:

the accident victim’s medical records
testimony from witnesses, family members, and friends
police reports
arrest records
expert testimony
photographs and other public information from an accident scene

The accident victim’s representative or family members should ask their attorney at the beginning of the case—what is the evidence you expect to use to argue for the largest available settlement?

What if an Autopsy or Toxicology Report is Wrong?

Autopsies or toxicology reports might be ordered by coroners, medical examiners, or a victim’s family if there is any question over the cause of death. The pathologists who conduct autopsies and analyze toxicology results are highly-trained professionals, but they are not infallible. When test results are contrary to other evidence, your legal team will carefully examine how those tests were performed. Under certain circumstances, they might also seek to have another pathologist perform a second autopsy.

Negligent parties responsible for someone else’s wrongful death have an incentive to downplay the results of their actions. The largest wrongful damages awards are procured by experienced accident and injury attorneys. They look for biases that might skew the interpretation of autopsies and toxicology tests and use all the evidence in a case to demonstrate the accident victim’s actual cause of death.

Contact us for a free consultation

The attorneys at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. represent the families of accident and injury victims in Rockland and Bergen counties and elsewhere in New York and New Jersey. Those victims have suffered a wrongful death due to someone else’s negligence. Please see our website or call our New York or New Jersey offices for a private and confidential consultation with a wrongful death lawyer.

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   LWelsh 
 16 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 37 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 101 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 104 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 110 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 116 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 139 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 152 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 159 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 162 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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Can You Still Sue for Wrongful Death if No Autopsy and Toxicology Were Done?

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