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When Do I Need a Wrongful Death Lawyer?

Posted On: Tuesday, November 17, 2020

Losing a loved one is traumatizing, and it usually involves more than just emotional pain. Financial difficulties and inter-personal hardships are also very common issues that arise after a family member’s death. This sudden trauma may have resulted in wrongful death, leading to even more stress caused by lawsuits.

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In order to navigate this often confusing and time consuming process, contact a Denver wrongful death lawyer to help hold the other party responsible and receive financial relief during your hardship. Find out more about wrongful death cases and whether you need a wrongful death lawyer.

What is Wrongful Death

Wrongful death statutes were originally created for widows or orphans of a deceased family member. They help to provide some compensation in the case of death caused by an accident due to someone’s negligent actions. You can sue a potentially responsible party for wrongful death if you believe that their negligent actions directly resulted in the demise of your family member.

Wrongful death claims help to hold another party accountable, like an at-fault driver or negligent property owner, whose actions affected or caused the accident in which your relative was killed. A wrongful death lawyer can help prove this person’s actions as negligent. If the case rules in your favor, you have the right to financial compensation due to loss such as job wages, funeral expenses, and lost companionship.

Proving Wrongful Death

In the case of wrongful death, a wrongful death lawyer can help create a basis of information for your lawsuit and present these findings in court. To start, wrongful death lawsuits can only be filed by an immediate family member or representative of the deceased person’s estate. Any damage rewards gained after a successful lawsuit will go to the estate first before being passed to whomever is named in the will of the deceased party.

However, specific items of note need to be presented to the court for a successful case to pass.

These include:

  • The death must be caused by another party’s negligent actions
  • The case may present evidence of intent to harm, along with other negligence
  • Financial hardships must be present and a direct result of the wrongful death
  • A personal representative of the estate must be appointed and present

Duty of Care and Breach of Duty

Duty of Care and Breach of Duty help Colorado courts determine whether negligence was present at the time of death. Learn more about how to prove these important items for your wrongful death case.

  • Duty of Care: It needs to be proven that the negligent party owed Duty of Care to the deceased person. This could include a driver owing care to others on the road or a doctor owing care to a patient’s recovery. Duty of Care has to exist prior to the accident or cause of death.
  • Breach of Duty: Once the Duty of Care has been established, there needs to be a clear breach of this duty present in the case. No matter the situation, a skilled wrongful death attorney can help prove that Duty of Care was breached, leading to the wrongful death of your loved one.

A wrongful death lawyer can help guide you through these items and more during your initial consultation.

Hiring a Denver Wrongful Death Lawyer

Contact skilled attorneys that are able to assist you in your wrongful death case. With careful investigation and demonstration of both Duty of Care and Breach of Duty, your Denver wrongful death case can successfully be presented in court. A wrongful death case can leave you feeling uncertain about your future and finances. Don’t let a wrongful death claim cause havoc during an already stressful time – call a Denver attorney today.