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Police Reports A police report is a critical document that insurance companies require when surviving family members pursue a wrongful death claim. It may contain valuable information related to the cause of the death (officer's opinion), witness statements, and other evidence.
In some situations, despite a written request, the coroner may still refuse to perform an autopsy. In such cases, the family has only one remaining option ? arranging a private autopsy. A private autopsy is performed by a private forensic pathologist who is not affiliated with any coroner's office.
In civil cases such as wrongful death lawsuits, the burden of proof lies with the plaintiff, the person filing the claim. The plaintiff's burden of proof for wrongful death cases is a preponderance of the evidence.
You do not need the results of an autopsy to file a wrongful death claim, but if there is suspicion that someone's untimely death was the result of another person's negligence, a post-mortem physical exam can be beneficial.
In many cases, the Medical Examiner-Coroner will honor a family's objection to the performance of an autopsy for religious reasons.