Wrongful Death Lawyers in Boulder
CALL (512) 246 2224 TO SPEAK WITH A BOULDER WRONGFUL DEATH LAWYER FOR FREE
Accidents happen every day, and unfortunately, sometimes, these accidents can lead to the wrongful death of a loved one. While the loss we feel after the death of a loved one can never be made fully whole, it is possible to receive justice by filing a wrongful death claim.
The process of filing a wrongful suit can feel overwhelming and painful, and you should never have to go through it alone. In order to make sure you are seeking justice for the deceased victim and that you are seeking the compensation you deserve, it is best to have an experienced attorney on your side. Our attorneys at Zinda Law Group fight tirelessly and compassionately to help our clients focus on their recovery, while we focus on their case.
If you have lost a loved one in an accident, call Zinda Law Group at (512) 246-2224 for a 100% free case evaluation with a compassionate Boulder wrongful death attorney today.
Wrongful Death Defined
You may have a claim for wrongful death a relative has died as the result of the negligence, recklessness, or carelessness of another person. This type of claim is different than a regular personal injury claim because of the person who is bringing suit. Personal injury claims are brought by an injured party against the person who hurt them. Unfortunately, in a wrongful death suit, the victim is deceased and cannot sue on his or her own behalf. Thus, surviving family members of the deceased's estate will bring a claim against the individual who is legally liable for their death.
Common Wrongful Death Cases
The following is a list of the common types of wrongful death cases:
Car crashes are one of the most common ways a person can be killed due to the negligence of another. The majority of roadway fatalities occur due to distracted driving, speeding, or driving under the influence. The responsible party is the person who was negligently operating their vehicle.
Truck accidents occur for similar reasons that regular car accidents do. These accidents can be attributed to the negligence of the driver when a driver is distracted or not following roadway rules. However, truck accidents can also be attributed to the company that employs the truck driver if that company has been negligent in its procedures and policies.
Certain professions, such as construction, hold a higher risk for dangerous accidents to happen that can ultimately lead to the death of an employee. However, all jobs, even those that don’t seem dangerous, have the potential to cause the death of another person. A wrongful death claim brought about by a workplace accident can occur anytime an employer puts an employee in a situation that could either directly or indirectly cause them harm.
Medical Malpractice occurs when a doctor, nurse, or other licensed medical professional fails to follow proper protocol or procedures and causes harm to another. In the case of wrongful death claims, this harm is the death of another individual. Deaths happen as the result of medical malpractice most often because of surgical error, misdiagnosis, or failure to diagnose a condition altogether.
When a person dies as the result of a product that is defective in design, the manufacturer who created that product will most likely be held responsible. This can occur with products such as toys, tools, medicines, and foods.
Wrongful death claims based upon premises liability are brought about when the owner or occupier of a home, business, or other property has negligently failed to keep that premises safe, and that negligence causes the death of another person. This can happen in simple ways such as another person slipping and falling in a restaurant. If the owner of the premises was negligent, then they may be liable.
What to do after an Accidental Death
1. Get the help you need
The most important thing to do after an accident, whether it be an accident that happened to you or a loved one, is to get help. In the event of accidental death, it is important to take care of yourself emotionally to make sure that you are okay and getting the care you need. In order to fight for your loved one and get them the justice they deserve, you need to be both physically and mentally healthy.
2. Preserve any evidence
The best way to ensure that you have a successful wrongful death claim and seek the compensation that you and your loved one may deserve, it to preserve any relevant evidence you can. No detail is too small.
3. Contact a wrongful death attorney
If you or someone you know has lost a loved one, the best way to ensure you receive justice and seek the compensation you deserve is to contact a wrongful death attorney. Our attorneys at Zinda Law Group will work tirelessly for clients and their loved ones.
Elements of a Wrongful Death Claim
In essence, a wrongful death claim is a personal injury claim that is being brought on behalf of the injured person because they are now deceased. Therefore, in order to state a claim for wrongful death you must be able to prove the same things the deceased person would have to prove if they were alive and suing on behalf of themselves.
For example, if someone has died as the result of another person’s negligence, then you must prove the same things the deceased person would have had to prove to show that the other party was negligent. You would need to show the responsible party owed a duty to the deceased, breached that duty, and that the breach of that duty caused the death of another person.
Determining who is at Fault
The person at fault is the one whom you can prove was negligent or reckless. This requires that you show they owed a duty to the deceased and breached that duty, thus causing death. This liability could fall on a single person, a group of people, or even a business.
Colorado abides by the rule of comparative negligence. The Colorado Wrongful Death Act states that if the deceased individual’s own fault or negligence was equal to or greater than the fault or negligence of the defendant, and then the suing party cannot recover.
Filing A Wrongful Death Lawsuit
The goal of a wrongful death claim is for a survivor’s family to seek compensation for the death of their loved one. When a loved one passes away unexpectedly, the family is often left with several expenses, including hospital bills, funeral or burial costs, and lost wages. The family members or beneficiaries of the decedent generally file a wrongful death lawsuit or claim in order to help with these tragic and unfortunate burdens.
A wrongful death claim can be filed whether the accident caused was intentional or unintentional. When you file this claim, a number of factors will include:
- Who could provide expert testimony regarding a victim's life expectancy
- What the lost financial support amounts to
- What the monetary value of loss of companionship amounts to
- Who was at fault
The steps involved in filing a lawsuit may be:
1. Contact a wrongful death attorney
If you have made the decision to pursue legal compensation for the accidental death of a loved one, it is in your best interest to hire an attorney. The legal process of filing a wrongful death claim can be complex, and having a caring attorney fighting for you can ease this burden.
Once you hire an attorney, they will begin an investigation. This will include discussing what happened, reviewing evidence, and talking to witnesses.
3. Consider your options
Essentially, you will have two options when trying to obtain legal compensation for the death of a loved one. You can settle the lawsuit by accepting a settlement offer, or you can refuse a settlement offer, if there is one, and go to trial. Your attorney will be able to advise you on your options.
Wrongful Death Settlement
An individual filing a wrongful death suit has the opportunity to receive both economic and non-economic damages for the death of another person. In short, economic damages compensate an individual for the things that can be made whole with an exact dollar amount. This would include things such as medical costs, funeral costs, loss of the deceased’s income, etc. Non-economic damages, however, compensate you for things that aren’t so clearly quantifiable. This includes things such as the loss of love and companionship and the deceased person’s pain and suffering before their death.
Legal Time Limits
In a typical personal injury lawsuit, the clock starts ticking on the statute of limitations the second you are injured, not when you decide you want to sue for those injuries. However, wrongful death suits are a little bit different. The clock starts ticking on a wrongful death action once the party bringing the suit has discovered, or should have discovered with reasonable diligence, the cause of death of the victim.
In Colorado, you have two years from the day you have discovered or should have discovered the death of the victim to file a lawsuit. After two years, you are likely to be barred from recovery.
Child Wrongful Death
The accidental death of a loved one is devastating enough, but the accidental death of a child is even more heartbreaking. A child's life cannot be reduced to dollars and cents, but nonetheless, you may be able to receive legal compensation for certain things such as funeral costs, medical expenses, pain and suffering, and the loss of your child's love and companionship.
Close family members such as parents, siblings, and grandparents have the option to file a wrongful death claim on behalf of a child.
GET HELP FROM EXPERIENCED BOULDER WRONGFUL DEATH LAWYERS
At Zinda Law Group, our wrongful death attorneys can advise you on your best course of action and answer any questions you may have. Get all the facts regarding your case before making a decision that could affect your family’s financial future by speaking with one of our wrongful death lawyers.
We can help you and your family pursue justice and the maximum compensation you deserve. Our firm also works on a contingency fee basis, which means you pay nothing unless we win your case. Call Zinda Law Group today at (888) 281-6991 to receive your free consultation with a Boulder wrongful death lawyer.
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