Understanding Wrongful Death Claims: Legal Fundamentals and Key Concepts
The tragic and unexpected loss of a loved one due to an accident caused by another individual is a very difficult and challenging time. You may not know what to do first, who to call, or how to get help.
At Bachus & Schanker, our wrongful death lawyers are here to lend you our legal expertise and guidance to ensure you receive the compensation you deserve. We advocate strongly for our client’s individual needs and provide the support they need beyond legal representation.
- Key Legal Fundamentals Of Wrongful Death Claims
- Who Can File A Wrongful Death Lawsuit?
- Types Of Damages In Wrongful Death Claims
- How To Prove Liability In A Wrongful Death Case
- Why Choose Our Law Firm For Your Wrongful Death Case
- How Our Wrongful Death Attorneys Can Help You
- Related Wrongful Death Resources
- You Deserve Fair Compensation
Key Legal Fundamentals Of Wrongful Death Claims
There are several essential key legal fundamentals of wrongful death claims. Each of these fundamentals helps to build the basis for your wrongful death lawsuit.
Wrongful Death
There must be a wrongful death in order to sue the responsible party. Their behaviors and actions, or lack thereof, must have resulted in the death of another.
Negligence
The death must have been caused as a result of another individual’s negligence and must satisfy the following:
- Duty of care: The defendant had a duty of care to act in such a manner as any other reasonable person to avoid causing the accident. For example, a driver has a duty of care not to drive while under the influence.
- Breach of duty: The defendant’s behavior resulted in a breach of their duty of care through reckless, negligent, or intentional actions. For example, the defendant chose to drive while intoxicated.
- Causation: Causation is similar to an “if this, then that” situation. Using our example, due to the defendant driving while intoxicated, they hit a pedestrian, killing them. In other words, it was their actions and behaviors that caused the death.
- Damages: Family members and other beneficiaries must have sustained actual losses due to the death of their loved one. For instance, lost wages, funeral expenses, medical bills, and pain and suffering are all damages one can seek.
Evidence
You will need to gather sufficient evidence to establish negligence in your wrongful death claim. Evidence can include:
- Police reports
- Medical reports
- Accident reports
- Witness statements
- Pictures and videos of the accident scene
- Traffic cam and security cam footage
- Expert witness testimony
- Accident reconstruction
Legal Representation
Another fundamental concept people need to know is “What is wrongful death law?” Wrongful death law and related cases can be rather complex and are a part of personal injury law, which includes state statutes, civil laws, tort laws, and case law.
Wrongful death is any type of death that is caused by the intentional acts, negligence, or recklessness of another that results in death. As this is a civil lawsuit, it is essential to have a wrongful death lawyer represent your interests to ensure you receive fair compensation.
Who Can File A Wrongful Death Lawsuit?
Who can file a wrongful death case can vary based on the state where the lawsuit is filed. Here in Colorado, those who can file include:
- Immediate family members: The spouse and children of the deceased can file a wrongful death lawsuit. However, the spouse is the only one eligible to file initially for the first year. After that, if the spouse has not filed, then the children can file.
- Parents of the deceased: The deceased’s parents can file when there is no spouse or surviving children.
- Beneficiaries and legal heirs: If the deceased has a will or living trust, anyone named as a beneficiary or legal heir can file a wrongful death lawsuit if the spouse or surviving children do not.
- Estate executors: Those named as representatives or executors in the deceased’s will or assigned by the court can file a wrongful death lawsuit on behalf of the family and other beneficiaries.
Types Of Damages In Wrongful Death Claims
Damages in wrongful death claims include economic and non-economic damages. Economic damages are financial losses with an actual quantifiable dollar amount. They could include:
- Medical bills
- Funeral and burial expenses
- Current and future lost wages
- Loss of benefits, such as insurance, 401k, or profit-sharing
Non-economic damages are not quantifiable with an actual dollar amount. Instead, their value is determined based on what is allowed under the laws in your state and includes:
- Mental anguish
- Pain and suffering
- Loss of consortium
- Loss of companionship
Punitive damages are a third type of damage that could be awarded when the defendant’s actions are considered grossly negligent. These damages are meant to punish the defendant even though the plaintiff receives monetary compensation for wrongful death.
How To Prove Liability In A Wrongful Death Case
To prove liability in a wrongful death case, you must establish the defendant’s actions and behaviors were negligent and resulted in the death of your loved one.
Why Choose Our Law Firm For Your Wrongful Death Case
At Bachus & Schanker, we understand you have options when you need to hire a wrongful death lawyer in Colorado. Some of the reasons why you should consider our law firm are:
- Free consultation and case evaluation
- We work on a contingency basis, meaning you owe us nothing until we settle your case
- We gather the evidence needed to build a solid case on your behalf
- We file the lawsuit against the responsible parties
- We handle all insurance negotiations to reach a favorable settlement
- We support you and help you through the discovery process
- We will strongly advocate for you should the case go to trial
- We understand first-hand the emotional turmoil you are experiencing
- We provide you access to our Victim’s Advocates team
How Our Wrongful Death Attorneys Can Help You
Kyle Bachus has first-hand experience of going through a wrongful death case with the unexpected loss of his mother. Our caring and compassionate legal team reflects this knowledge and ordeal he went through. We also help you have access to our group of Victim’s Advocates, who work with our clients in catastrophic injury and wrongful death cases.
The group has prior experience in law enforcement and the legal system. They provide an added layer of support and guidance during this difficult time. They also help ensure you are financially taken care of by exploring what resources are available to you.
Together, our goal is to take the added burden of having to file a wrongful death lawsuit off your plate so you can grieve your loss and not worry financially about your future. For further information and to learn more about your legal options and rights, schedule a free consultation and case evaluation with our wrongful death lawyers today.
Related Wrongful Death Resources
You Deserve Fair Compensation
Don’t let the insurance companies intimidate you into accepting less than you deserve. We’re ready to fight for you.