How an Autopsy Can Be Used to Win a Wrongful Death Lawsuit 

• An autopsy, which is conducted by a forensic pathologist, involves an unbiased examination of the body to determine the cause and manner of death, including whether the death was caused by the accident or whether other factors played a role. 
• An autopsy is not ordered for every death but is required by law when a person dies under sudden or suspicious circumstances (e.g., injury, homicide, suicide, drug overdose) or when the cause of death is not clear. 
• Though an autopsy is not required to file a wrongful death claim, the results can provide crucial evidence, detailing injuries, time of death, other health conditions, and the presence of toxins or foreign objects. 
• The autopsy report, along with medical records and expert testimony, can not only prove what caused the death but also support an award of damages for pain and suffering. 

When a loved one dies in an accident, their surviving family members are often consumed with grief and left in a difficult financial situation. If you suspect that a loved one’s death may have been caused by someone else’s negligence, an autopsy can provide invaluable evidence in a wrongful death claim. To win compensation for a wrongful death claim, you or your attorney must gather strong evidence connecting the death to another person’s negligence or willful misconduct.  

Medical documentation, such as medical records, expert testimony, and autopsy reports, plays a key role in building your claim. Medical records can provide a detailed account of the deceased’s medical history, treatment, and injuries suffered in the accident. Assuming the deceased received treatment before they died, medical records can serve as a chronological narrative of the victim’s health before and after the accident, which can help demonstrate how the injuries contributed to their death. 

An autopsy, which is conducted by a forensic pathologist, involves an unbiased examination of the body to determine the cause and manner of death, including whether the death was caused by the accident or whether other factors played a role. Other types of evidence, such as police reports, eyewitness statements, photos, and videos can also help investigators understand what happened.  

However, because autopsy reports typically detail injuries, time of death, other health conditions, and the presence of toxins or foreign objects, it can provide the strongest piece of evidence in a wrongful death claim. The autopsy report, along with medical records and expert testimony, can not only prove what caused the death but also shed light on the pain and suffering experienced by the deceased before they died. Noneconomic losses such as pain and suffering can significantly increase the damages recovered in a wrongful death claim, which can help ensure that the victim’s family receives maximum compensation for their loss.  

What Are Autopsy Reports Typically Used for? 

An autopsy is not required for all deaths. Generally, an autopsy is required by law when a person dies under sudden or suspicious circumstances (e.g., injury, homicide, suicide, drug overdose) or when the cause of death is not clear. Although an autopsy cannot be ordered for every accident, autopsies are recommended in cases involving possible crimes or personal injury issues.  

In negligence cases, an autopsy is necessary for several reasons. First, an autopsy is the most accurate way to determine the primary or proximate cause of death. Second, the autopsy reconstructs the events occurring at the scene of the fatal accident. Finally, the forensic pathologist determines the manner of the injuries and the force producing death, often after visiting the accident scene.  

The autopsy report will categorize the manner of death as natural, accidental, homicide, suicide, or undetermined. If the death is found to be natural or suicide, it is unlikely that you can win a wrongful death claim. However, if the death was accidental, homicide, or undetermined, you may have a legal claim against a negligent party. 

Autopsy reports can be used in most types of wrongful death cases involving personal injury, including deaths arising from premises liability, vehicle accidents, animal attacks, nursing home abuse, and workplace accidents. In car accidents involving DUI, the at-fault party may have been killed in the crash, and an autopsy can help prove they were intoxicated. Evidence of intoxication can be used to show liability and prove reckless behavior that warrants a punitive damages award for those they injured.  

Are There Different Types of Autopsy Reports? 

Yes. The two main types of autopsies are clinical and forensic. A clinical autopsy is typically performed for medical, rather than legal, reasons. The purpose of a clinical autopsy is to determine the cause of death in cases of natural death or to investigate a suspected medical condition.  

Forensic autopsies are performed to determine the cause and manner of death in cases of suspected homicide, suicide, accidental deaths, or deaths in custody. For a potential wrongful death lawsuit, a forensic autopsy report is recommended because it can help establish whether the death was caused by negligence.  

Depending on the circumstances, the autopsy may be partial or complete. A complete autopsy involves a full examination of the body and all major organs. A partial autopsy is an examination of only certain organs, tissues, or body parts. A partial autopsy is not recommended for a legal case because the body parts that may reveal the cause of death may not be examined.  

Who Can Request an Autopsy Report? 

The Georgia Bureau of Investigation (GBI) medical examiner decides if an autopsy is needed based on information obtained from the investigation into the death. Under certain circumstances, an autopsy is required by law. The state medical examiner is not required to seek permission from the deceased’s next of kin before conducting an autopsy. 

Though nobody but the state medical examiner can order an autopsy, family members or their attorneys may request one. If the state medical examiner denies the request, you or your attorney may arrange for a private autopsy. 

The deceased’s legal “next of kin” can request a copy of the autopsy report using the medical examiner’s record request form. Others who may request a copy of the autopsy report include police departments and other government investigating agencies, attorneys, and insurance companies (if authorized by the legal next of kin or a court order). 

How Much Does an Autopsy Report Cost? 

Under certain circumstances, the coroner or medical examiner will order an autopsy, and the surviving family is not responsible for the cost. However, if an autopsy is not requested by a government official but you believe someone else’s negligence caused your loved one’s death, you can arrange a private autopsy.  

The cost of an autopsy can vary but is typically between $2,000 and $5,000. If you hire a wrongful death attorney who works on a contingency basis, they will cover the cost of an autopsy along with all other expenses associated with your claim. With a contingency fee arrangement, you agree to pay the lawyer a percentage of the proceeds won in your case but owe nothing if you lose.  

How Long Does It Take for an Autopsy Report to Be Completed? 

It varies. In cases involving the GBI, the medical examiner will perform an autopsy as soon as possible after the body arrives. The final autopsy report usually takes around four to six weeks to come in but can take longer if additional testing was needed. If complications require additional testing, the report can take six to ten weeks to be issued. 

In cases where the state does not order an autopsy, the surviving family may request one. If the state does not agree to perform one, the deceased’s family may arrange a private autopsy. Reports from private autopsies are often available much sooner because private medical examiners have more options in terms of choosing a lab to process the autopsy samples than a city, county, or state medical examiner does. In a large metropolitan city like Atlanta, there can be a significant backlog at the one or few labs used by government officials for autopsies. With a private autopsy, preliminary results may be available as soon as 24 hours and final results in one to four weeks. 

Though an autopsy is not required for a wrongful death claim, the results can provide crucial evidence. Keep in mind that an autopsy can be performed any time after death, but the organs and other tissues start to deteriorate after 24 hours, which means the results may be less accurate if you wait too long. 

Depending on the evidence, you may be able to prove the other party was at fault in a wrongful death claim without needing an autopsy. An experienced wrongful death attorney can evaluate your case to determine whether an autopsy is necessary.