How Do You Prove Wrongful Death?
Losing a loved one is awful. We know, personally, just how devastating this can be, especially when it was caused by someone else acting negligently. We understand that no amount of money can bring them back, but that justice can bring a sense of accountability, financial relief, and closure during a dark time.
If you think someone you love has been killed wrongfully, the wrongful death lawyers at Elite Litigation Group can help. We understand intimately what it’s like to lose a loved one and the hardship you may be going through.
We’re there for you, and we’ll fight for you. We have helped hundreds of families just like yours navigate the courts, and get the justice and compensation they deserve.
What Is Wrongful Death?
A wrongful death happens when one person dies as a result of another person, company, or organization’s negligence or recklessness. Common examples of wrongful death lawsuits include:
- Car accidents caused by drunk drivers.
- Car accidents caused by distracted drivers.
- Medical malpractice.
- Industrial or workplace accidents.
- Products that are defective or dangerous.
Wrongful death claims are lawsuits brought by civilians, not the state as in criminal actions, to receive monetary compensation from the entity that caused the wrongful death.
Who Can File A Wrongful Death Claim?
In Colorado, wrongful death cases can generally be brought by close family members of the person who was killed. There is often an order for who is able to file. People who can file wrongful death claims include, in general order of preference:
- The spouse of the deceased.
- The children of the deceased.
- The parents of the deceased, if there is no spouse or children.
The specific rules for who is able to file, and how much time they have to do so, can be complicated. If your loved one has died, it is always best to contact an attorney such as ours at Elite Litigation Group to ensure the right party is filing in time.
What Must Be Proven In A Wrongful Death Case?
In every wrongful death case, just like nearly every personal injury case, four things in general must be proven:
- That the defendant had a “duty of care,” i.e. a legal duty to act in a way that doesn’t harm others.
- There was a breach of this duty of care, i.e. the defendant failed to meet the duty of care due to negligence or recklessness.
- This breach of duty, specifically, caused the death.
- This breach of duty caused specific damages. These damages may be material, like medical bills or lost wages, or immaterial, such as pain and suffering.
Types Of Evidence Used To Prove Wrongful Death
Wrongful death cases almost always require a thorough investigation to succeed. Some types of evidence that may be relevant include:
- Medical records and bills
- Police reports
- Video or photos from the scene of the accident
- Surveillance or CCTV footage
- Eyewitness statements
- Testimony from experts
- Other records, such as employment or unemployment records
In general, the more evidence and the stronger the evidence, the better chance the case has to succeed.
The Legal Process For Wrongful Death Claims
If you believe you have a wrongful death claim, contact us first. We will:
- Provide an initial consultation to take a look at your case. These are always free and no pressure.
- Help perform a thorough investigation of what happened. Unfortunately, the police aren’t always as thorough as they could be.
- In many cases, we’ll try to settle the lawsuit for an appropriate amount of money. If this does not work, we’ll then file the lawsuit against the offending party.
- If no settlement can be reached, your case will go to trial. There it will be decided definitively, barring any appeals.
Common Challenges In Proving Wrongful Death
Because of the potentially immense amounts of money involved in wrongful death cases and the blame that can stick with defendants, these cases are often challenged. Common challenges include disputes over who actually caused the accident, who was most at fault, if the evidence is sufficient to make a determination, and insurance company issues.
If someone you love has died as a result of negligence, you can almost be certain it will be challenged by someone, either the defendant or insurance companies. This is why it’s so crucial to contact attorneys like those at Elite Litigation Group.
How Are Damages Calculated In Wrongful Death Cases?
There are generally two types of damages in wrongful death cases: economic damages and non-economic damages.
Economic damages are things to which a direct dollar amount can be attached. These include medical bills, transportation to and from medical appointments, lost wages, and funeral expenses.
Non-economic damages are things that are harder to put a direct dollar amount on. This includes things like pain and suffering, emotional trauma, and grief.
How Elite Litigation Group Can Help You Prove A Wrongful Death
At Elite Litigation Group, we understand just how upsetting a wrongful death can be, and work hard every day to provide families the justice they deserve and the compensation that can make life a bit easier. If you’ve suffered from a wrongful death in your life, call us now.
We have decades of experience, proven results and offer personalized attention. Most importantly, we will fight for you.