TL;DR

Yes, you can pursue a wrongful death claim even if the official cause of death is listed as “undetermined” or is unknown. The legal focus shifts from the specific medical reason for the death to proving that another party’s negligent or wrongful actions created the circumstances that led to the death. Success depends on a thorough investigation, gathering strong circumstantial evidence, and using expert testimony to establish that it is “more likely than not” the other party was responsible.

Key Highlights

  • A wrongful death lawsuit is possible without a conclusive autopsy report.
  • The legal case centers on proving a party’s negligence or wrongful act, not the medical cause.
  • Building a case requires gathering circumstantial evidence, such as witness accounts, timelines, and expert analysis.
  • The standard of proof in a civil case is “preponderance of the evidence,” which is a lower bar than in a criminal case.
  • Acting quickly is essential to preserve evidence and comply with the statute of limitations.
  • Consulting with a wrongful death attorney is the most critical first step to launch an independent investigation.

The loss of a family member is a deeply painful experience. This pain is often compounded by confusion and frustration when the reason for their death remains a mystery. Each year, thousands of death certificates are signed with the cause listed as “undetermined.” According to data from the Centers for Disease Control and Prevention (CDC), this classification leaves families in a difficult position, without the closure that a clear explanation can provide and uncertain about their legal rights. They are left questioning what happened and whether someoneโ€™s carelessness or intentional act was to blame.

In the context of civil law, a wrongful death occurs when a person dies as a result of the legal fault of another person or entity. This can include a negligent act, such as a doctor failing to provide proper care, or a reckless act, like a company ignoring safety regulations. The core of a wrongful death claim is not simply that a death occurred, but that it was caused by a breach of a duty owed to the deceased. The legal standard for proving this in a civil lawsuit is known as the “preponderance of the evidence.” This means a plaintiff must show that it is more than 50% likely that the defendant’s actions led to the death, a significantly lower burden than the “beyond a reasonable doubt” standard required for a criminal conviction.

When a medical examiner cannot pinpoint a precise cause of death, it does not close the door to legal accountability. Instead, it signals the need for a different type of investigationโ€”one that looks beyond the autopsy report to analyze the chain of events, the actions and inactions of all involved parties, and the environment in which the death occurred. This process involves reconstructing the final hours or days of a person’s life to uncover evidence of negligence that can form the basis of a powerful legal claim. The path forward requires a shift in focus from the medical “why” to the legal “who” and “how.”

Understanding the Legal Foundation: Negligence vs. Cause of Death

To successfully pursue a wrongful death claim with an unknown cause, it is vital to understand the difference between a medical determination and legal liability. The legal system has specific requirements for proving a wrongful death case, and these elements are centered on a defendant’s conduct rather than the final entry on a death certificate.

What is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit, not a criminal charge. It is brought by the survivors or the estate of the deceased to seek financial compensation for the losses they have suffered. To win, the plaintiff must prove four key elements:

  1. Duty of Care: The defendant owed the deceased a legal duty to act with reasonable care. For example, a doctor has a duty to provide competent medical care to a patient, and a property owner has a duty to keep their premises safe for visitors.
  2. Breach of Duty: The defendant failed to meet that standard of care. This is the “negligent” or “wrongful” act. A doctor breaching their duty might involve misdiagnosing a condition, while a property owner might fail to fix a broken security gate.
  3. Causation: The defendant’s breach of duty was a direct and proximate cause of the death. This is the most challenging element when the cause of death is unknown, but it is far from impossible to prove.
  4. Damages: The death resulted in quantifiable damages, such as lost income, funeral expenses, and loss of companionship for the surviving family members.

The Difference Between Medical Cause and Legal Causation

This distinction is the cornerstone of a case with an undetermined cause of death.

  • Medical Cause of Death: This is the physiological event that ended the person’s life, as determined by a medical examiner or coroner. Examples include “cardiac arrhythmia,” “respiratory failure,” or “cerebral hemorrhage.” When evidence is insufficient, the medical examiner may list the cause as “undetermined.”
  • Legal Causation: This connects the defendant’s wrongful act to the death. It establishes the “but for” link: “but for” the defendant’s negligence, the death would not have occurred.

Consider this example: An elderly resident of a nursing home is found deceased in their bed. The autopsy is inconclusive and lists the cause of death as undetermined. However, an investigation reveals that the staff failed to administer prescribed heart medication for two days. The medical cause is unknown, but the legal cause is the nursing home’s negligence. The claim would argue that the failure to provide medication more likely than not led to a fatal health event.

The “Preponderance of the Evidence” Standard

The burden of proof in a civil lawsuit is much more attainable than in a criminal one. “Preponderance of the evidence” is often described as tipping the scales of justice, even if only slightly. If you can present enough evidence to make a judge or jury believe there is a 51% or greater chance that the defendant is responsible, you have met your burden.

This standard is crucial in cases with an unknown cause of death. You do not need to eliminate all other possibilities. You simply need to build a logical and evidence-based argument showing that the defendant’s negligence is the most probable explanation for the tragedy. This is achieved by weaving together different pieces of evidence that, when viewed together, point clearly toward liability.

The Critical First Steps: Preserving Evidence and Initiating an Investigation

When a loved one dies under unclear circumstances, the clock starts ticking immediately. Evidence can be lost, memories can fade, and legal deadlines can pass. Taking swift and decisive action is paramount to protecting your right to seek justice.

Why You Must Act Quickly

Time is not on your side for two primary reasons: the statute of limitations and the degradation of evidence.

  • Statute of Limitations: Every state has a law that sets a strict time limit for filing a wrongful death lawsuit. This period typically ranges from one to three years from the date of death. If you miss this deadline, you lose your right to file a claim forever, regardless of how strong your case is.
  • Evidence Disappears: Key evidence is often temporary. Security camera footage is frequently recorded over within days or weeks. Electronic data from a commercial truck’s “black box” can be erased. Physical evidence at a scene can be cleaned up or altered. Witnesses may move away or their memories of the event may become less clear over time.

Securing the Scene and Physical Evidence

If possible and safe, try to preserve any potential evidence. This could include:

  • Taking photographs and videos of the location where the death occurred from multiple angles.
  • Collecting any relevant documents, such as medical records, employment contracts, or police reports.
  • Writing down the names and contact information of any potential witnesses.
  • Creating a detailed written account of everything you know about the events leading up to the death while it is still fresh in your mind.

The Role of a Private Investigator

While police may conduct an initial investigation, their goal is to determine if a crime was committed. If they find no evidence of foul play, they will likely close the case, even if questions about negligence remain. A wrongful death attorney will often work with a private investigator to conduct a separate, civil-focused investigation. These professionals can:

  • Locate and interview witnesses the police may have missed.
  • Uncover documents and records through database searches and public records requests.
  • Reconstruct a detailed timeline of the deceased’s final days.
  • Identify potential defendants, such as a negligent employer or a property management company.

Filing a Spoliation Letter

One of the most powerful early steps your attorney can take is to send a spoliation letter to all potential defendants. This is a formal legal notice that instructs the recipient to preserve all evidence related to the case. This includes physical evidence, documents, emails, text messages, and video footage. If a party destroys evidence after receiving a spoliation letter, they can face serious legal penalties, and the court may instruct the jury to assume the destroyed evidence would have been unfavorable to them.

Building Your Case with Circumstantial Evidence

In many wrongful death cases, especially those with an unknown cause, there is no “smoking gun.” You may not have a video of the incident or a confession from the responsible party. Instead, the case is built piece by piece using circumstantial evidence.

What is Circumstantial Evidence?

Direct evidence proves a fact without requiring any inference. For example, a witness testifying that they saw a car run a red light is direct evidence. Circumstantial evidence, on the other hand, is a fact that suggests another fact. For instance, if a witness testifies they saw a car speeding toward an intersection just before hearing a crash, that is circumstantial evidence that the car was involved in the collision.

A common misconception is that circumstantial evidence is weak. In reality, a strong case built from multiple pieces of interconnected circumstantial evidence can be even more persuasive than one relying on a single piece of direct evidence. It paints a complete picture for the jury, allowing them to draw a logical conclusion.

Common Types of Circumstantial Evidence in Undetermined Death Cases

Building a compelling narrative requires gathering various forms of evidence that, together, point to a single conclusion: negligence.

  • Timeline of Events: Your legal team will work to reconstruct the deceased’s movements, communications, and activities in the hours and days before their death. This can reveal inconsistencies in others’ stories or place the deceased in a dangerous situation created by a defendant.
  • Witness Testimony: This goes beyond eyewitnesses to the death itself. Colleagues might testify about unsafe working conditions. Friends might describe changes in the deceased’s health after a medical procedure. Neighbors might report a history of security problems at an apartment complex.
  • Defendant’s Motive or Opportunity: While motive is more common in criminal cases, it can be relevant in civil ones. For example, evidence that a company was cutting costs by ignoring safety protocols can establish a financial motive for their negligence.
  • Prior Incidents or Complaints: A history of similar incidents can be powerful evidence. If a hospital has been cited multiple times for understaffing, or a manufacturer has received numerous complaints about a faulty product, it helps establish a pattern of negligence.
  • Electronic and Financial Records: Phone records, text messages, emails, social media activity, and credit card statements can help establish where a person was, who they were with, and what they were doing. These digital footprints can be invaluable in filling in the gaps of a timeline.

The Power of Expert Witnesses in Proving Liability

When the cause of death is unclear, expert witnesses become the most important players on your legal team. These are professionals with specialized knowledge who can analyze complex evidence and offer an educated opinion on what likely happened. Their testimony can bridge the gap between an “undetermined” medical finding and a clear case of legal liability.

Why Expert Testimony is Essential

A jury is made up of ordinary citizens who are not expected to be experts in medicine, engineering, or accident reconstruction. An expert’s job is to translate technical information into understandable terms and explain how the evidence points to the defendant’s fault. They can review the same evidence as the original medical examiner but draw different, more specific conclusions about the probable cause.

Types of Experts You May Need

Depending on the facts of your case, your attorney may hire a team of experts to build a comprehensive argument.

  • Medical Experts: A forensic pathologist can conduct a “second autopsy” by reviewing the original report, tissue slides, and toxicology results. They might identify signs of medical error, exposure to a toxic substance, or other factors the initial examiner missed. Other specialists, like cardiologists or neurologists, can review medical records to determine if a pre-existing condition was improperly managed.
  • Accident Reconstructionists: In cases involving any type of vehicle or machinery, these experts can analyze physical evidence like skid marks, vehicle damage, and data from event data recorders (“black boxes”) to determine the sequence of events. They can show how a crash occurred and whether factors like speed, distraction, or mechanical failure were involved.
  • Engineers: If a faulty product or an unsafe structure is suspected, engineers are critical. A mechanical engineer can testify about a design flaw in a piece of equipment, while a civil engineer can identify structural failures in a building that led to a collapse.
  • Vocational and Economic Experts: These experts do not help prove liability, but they are essential for proving damages. A vocational expert can testify about the deceased’s career path and future earning potential. An economist then uses that information to calculate the total financial loss to the family over a lifetime, which can be a substantial figure.

Potential Scenarios for Wrongful Death with an Unknown Cause

To better understand how these principles work in practice, consider a few common scenarios where a wrongful death claim could arise despite an undetermined cause of death.

Medical Malpractice Cases

A patient undergoes what is considered a routine surgery and dies during recovery. The hospital’s doctors are unable to give a clear reason, and the autopsy is inconclusive. The family’s attorney hires an independent medical expert to review the patient’s chart. The expert discovers that a nurse administered the wrong dosage of a powerful pain medication and that the patient’s vital signs were not monitored according to protocol.

  • The Claim: The lawsuit would allege that the nurse’s medication error and the hospital’s failure to properly monitor the patient constituted a breach of the standard of care. The expert would testify that, more likely than not, this negligence led to a fatal overdose or an unaddressed medical crisis.

Workplace Incidents

A factory worker is found unresponsive next to their workstation. There are no signs of injury, and the coroner cannot determine a cause of death. The family suspects the working conditions were unsafe. An investigation initiated by their attorney uncovers several key facts: the company had recently been cited by the Occupational Safety and Health Administration (OSHA) for poor ventilation, and several other employees had filed complaints about dizziness and headaches.

  • The Claim: The case would argue that the company knowingly exposed its employee to a hazardous environment, likely involving chemical fumes or a lack of oxygen. An industrial hygienist could testify that the conditions at the factory were dangerous and could have foreseeably led to a fatal event, even one that left no clear trace in an autopsy.

Defective Product Liability

A person is driving a new car on the highway when the vehicle suddenly veers off the road and crashes. The driver is killed, but the medical examiner cannot determine if the crash was caused by a medical event, like a stroke, or if the death resulted from the crash itself. The family’s legal team hires an automotive engineer to inspect the vehicle’s wreckage. The engineer discovers a manufacturing defect in the electronic power steering system that is known to cause sudden and complete loss of control.

  • The Claim: The lawsuit would be filed against the car manufacturer. The engineer’s testimony would establish that the steering defect was the most probable cause of the crash. The legal argument is that “but for” the defective product, the driver would not have lost control, and the fatal crash would not have happened.

Premises Liability (Negligent Security)

A tenant in a large apartment complex is found deceased in a stairwell. The police find no evidence of a break-in or robbery, and the cause of death is undetermined. The family learns that multiple lights in the stairwell have been broken for weeks, a security camera in the area was not working, and there had been a recent string of assaults in the neighborhood.

  • The Claim: The wrongful death claim would be against the property management company for negligent security. The argument is that the company had a duty to provide a safe environment for its tenants and breached that duty by failing to maintain lighting and security systems. This negligence created a dangerous condition that made a fatal assault or accident more likely.

Navigating the Legal Process and Calculating Damages

Filing a wrongful death claim is a complex process that requires experienced legal guidance. An attorney not only builds the case but also manages every step of the legal journey, allowing the family to focus on healing.

The Role of the Wrongful Death Attorney

Most reputable wrongful death lawyers work on a contingency fee basis. This means they only get paid if they win the case, either through a settlement or a court verdict. There are no upfront costs for the family to hire them, and the arizona wrongful death attorney fronts all the expenses of the investigation, including expert witness fees. Their role includes:

  • Conducting a comprehensive investigation.
  • Identifying all potential defendants.
  • Hiring and collaborating with a team of experts.
  • Handling all communication and negotiations with insurance companies.
  • Filing the lawsuit and managing all court procedures.

The Discovery Process

Once a lawsuit is filed, both sides enter the discovery phase. This is the formal process where each party can request information and evidence from the other. It is a powerful tool for uncovering facts that a defendant may have tried to hide. Key components of discovery include:

  • Interrogatories: Written questions that the other party must answer under oath.
  • Requests for Production: Demands for documents, such as internal company memos, maintenance logs, or medical records.
  • Depositions: In-person interviews where witnesses and defendants must answer questions under oath in front of a court reporter.

Understanding and Calculating Damages

The goal of a wrongful death claim is to secure financial compensation for the losses the family has suffered. These damages are typically broken into two categories:

  • Economic Damages: These are the tangible financial losses that can be calculated precisely. They include:
  • Non-Economic Damages: These are the intangible, personal losses that are harder to assign a dollar value to but are just as real. They include:
    • Loss of companionship, love, and society.
    • Loss of guidance and support for surviving children.
    • The family’s mental anguish and grief.
    • In some states, a “survival action” can be filed to recover for the pain and suffering the deceased experienced before their death.

Settlement vs. Trial

The vast majority of wrongful death cases are resolved through a negotiated settlement before they ever reach a courtroom. When your attorney builds a strong case supported by compelling circumstantial evidence and credible expert testimony, the defendant’s insurance company is much more likely to offer a fair settlement to avoid the risk and expense of a trial. If they refuse to make a reasonable offer, your attorney must be prepared to take the case to a jury.

Conclusion

Losing a loved one without knowing why is a heavy burden to carry. While the legal system cannot erase the pain of that loss, it can provide a path to answers and accountability. An “undetermined” cause of death on a official document is not the end of the story; it is the beginning of a different kind of investigation. A wrongful death claim focuses on the actions and responsibilities of others, using the civil justice system’s tools to prove liability even in the absence of absolute medical certainty.

The foundation of such a case rests on proving negligence through a careful and thorough collection of circumstantial evidence, supported by the authoritative opinions of expert witnesses. From medical malpractice and workplace safety failures to defective products and negligent security, the principles of legal causation can be applied to a wide range of tragic circumstances. By showing that a defendant’s breach of duty was the most probable cause of the events that led to the death, families can hold the responsible parties accountable.

If you are facing the uncertainty of a loved one’s death with an undetermined cause, do not assume you have no legal recourse. The most important step you can take is to speak with an experienced wrongful death law firm immediately. Time is a critical factor in preserving evidence and protecting your legal rights. Taking action now can be the first step toward finding answers, achieving a measure of justice for your family, and securing the financial stability you need to move forward.  Contact us for free evaluation today.