How Do You Prove Wrongful Death?

It’s never easy to lose a loved one, but when that loss happens due to someone else’s negligence, the aftermath can be all the more devastating. Fortunately, Colorado law allows the families of victims to seek justice through a wrongful death claim.

You’ll need to first prove that the circumstances of your loved one’s passing legally fall under wrongful death. To succeed, consulting a wrongful death attorney from Bachus & Schanker is essential.

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Why Choose Us?

At Bachus & Schanker, we understand the unique challenges surviving family members face. One of our founding attorneys, Kyle Bachus, lost his mother to a negligent truck operator and experienced many difficulties with the criminal justice system. Law enforcement does not always step up when they should.

However, in civil court, you have the right as a surviving family member to pursue wrongful death damages. Your lawyer from Bachus & Schanker will work tirelessly to ensure you recover a compensation payout commensurate with your great loss.

When you call us, you can receive a free initial consultation and wrongful death case review. We also offer:

Award-winning injury attorneys who care
24/7 availability
No-win, no-fee billing

Let Bachus & Schanker handle your case while you mourn the loss of your loved one.

Understanding Wrongful Death In Colorado

Wrongful death in Colorado is a civil cause of action that allows a decedent’s survivors to seek damages upon the decedent’s wrongful death. In some instances, the death underlying a wrongful death claim may also be prosecuted criminally.

If so, the wrongful death claim and the criminal prosecution are independent of one another. An acquittal in criminal court does not mean the wrongful death action will be unsuccessful.

Elements

Not all deaths caused by others are wrongful deaths. In order to prove wrongful death, our attorneys must demonstrate the following:

The defendant committed a negligent or unlawful act
A person died
The person died as a result of the negligent or unlawful act
The surviving family members suffered significant losses

Keep in mind that both negligence and unlawful acts can satisfy the requirements of wrongful death. A murder or a failure to yield both qualify, for example.

Standing

Standing refers to the authority to initiate a legal action. In wrongful death cases, not just any person can sue the alleged offender for damages. The only parties that have standing to sue for wrongful death in Colorado include:

Spouse
Children
Parents
Named beneficiaries

It is important to note that during the first year following the death of someone, the decedent’s spouse has the exclusive right to file a wrongful death claim but may fold the decedent’s children into a lawsuit or allow the children to file one themselves.

If no current spouse exists, the children may, in the first year, file a lawsuit for damages. Any beneficiary named by the decedent can do so as well.

Two years after a death, the children may file suit without authorization from the surviving spouse. If a person dies with no spouse, no children, and no named beneficiary, the parents of the deceased may file a lawsuit seeking damages.

Damages

Wrongful death damages consist of various forms of economic and non-economic compensation. This compensation is meant to cover losses such as:

Wages and income that the deceased would have earned
Lost benefits, such as insurance payouts
Funeral and burial expenses
Pain and suffering
Grief and sorrow
Loss of consortium and services

These damages differ from damages available in survival actions. Survival actions are filed by the decedent’s personal representative on behalf of the decedent’s estate.

Damages in these cases represent the pain and losses suffered by the victim and not the family. Any of this type of damages recovered go directly to the estate of the deceased person, whereas damages in wrongful death cases go to the family members who filed suit.

Workers’ Compensation

Keep in mind that on-the-job fatality compensation may be limited to workers’ compensation benefits, depending on the circumstances. If workplace negligence is the cause of the death, the surviving family members are typically barred from suing anyone. Instead, they must seek compensation in the form of death benefits from workers’ comp.

Death benefits are limited to a portion of the decedent’s average weekly wage for a period of time. Note that the portion, which is 66 ⅔ % of the decedent’s average weekly wage, must not exceed 91% of the state’s average weekly wage.

The payout for workers’ comp is usually far less than wrongful death compensation. However, certain circumstances allow family members to sue for full damages, as well as collect death benefits.

Workers’ comp covers injuries caused by the negligence of employers and employees. It does not, however, cover injuries caused by third parties, who are parties not directly tied to the workplace. These parties can include:

Independent contractors
Employees of other companies, such as delivery drivers
Tool and equipment manufacturers
The general public
Clients and customers

Our team of wrongful death attorneys at Bachus & Schanker meticulously investigates every case to identify all liable parties and hold them accountable.

Common Wrongful Death Situations

Wrongful deaths are caused by unlawful or negligent acts, which can occur in all manner of circumstances, including:

Traffic accidents involving cars, trucks, motorcycles, bicyclists, or pedestrians
Medical malpractice, such as misdiagnosis or surgical errors
Intentional or reckless violence, such as criminal homicide
Worksite accidents
Premises liability accidents, including slip-and-fall accidents
Dog bites and attacks
Accidents caused by defective products

Regardless of the circumstances, the team at Bachus & Schanker has the resources, skill, and passion to faithfully and confidently represent your interests after losing a loved one too soon.

How Do You Prove Wrongful Death In Colorado?

To recover compensation in cases such as these, you must show proof of liability. Every allegation, assertion, and claim must be established with reasonable proof, or you will have considerable problems getting paid what you deserve.

With Bachus & Schanker as your law firm, you don’t have to worry about investigating the incident and safeguarding evidence. We handle every aspect of your claim for you, including building a strong case for liability and damages.

Some of the tasks our team takes on to prove wrongful death claims include:

Extensive incident investigations and evidence collection
Discovery and depositions
Reconstructions of wrongful death incidents

You deserve to grieve your loved one without having to worry about legal proceedings. When you choose Bachus & Schanker, we can fight to protect your future while you focus on moving forward.

Wrongful Death Statute Of Limitations In Colorado

There is a limited amount of time to seek damages for a wrongful death in Colorado. In most circumstances of wrongful death, legal action by way of a lawsuit must be taken within two years of the victim’s death. Waiting longer than two years can cause you to lose your right to seek damages.

An exception exists for auto accident cases, though. When a hit-and-run case results in a death, the victim’s family members have up to four years to file a lawsuit for damages against the offending party.

Trust Our Wrongful Death Attorneys With Your Case Today

Are you searching for “wrongful death attorneys near me” after losing a loved one due to someone else’s careless actions? Look no further than Bachus & Schanker. Our seasoned team knows what it takes to succeed in Colorado’s complicated legal landscape, and we can help you fight effectively for the justice you deserve.