Boulder Wrongful Death Attorneys Offer Help to Grieving Families
Colorado has specific laws devoted to helping resolve legal issues surrounding a person’s death. These laws include family members having the ability to file a wrongful death claim against a person or entity. A wrongful death claim is a personal injury lawsuit which tries to establish one or more parties’ liability for someone’s death. The specific act can be:
CAN I FILE A WRONGFUL DEATH CLAIM IN BOULDER?
Whether or not you can file a wrongful death claim on behalf of your loved one depends on when you file. If you are the surviving spouse of a loved one, you can file a lawsuit during the first year after your loved. In the second year after the death, both the surviving spouse and children are eligible to file a claim.
In the event that your loved one has no surviving immediate relatives, you can file if you’re the parent of the deceased person. The executor, or representative, of the individual’s estate is also able to file a wrongful death action. This is commonly referred to as a survival action.
WHAT MUST I PROVE IN A WRONGFUL DEATH CLAIM?
Colorado has several things a Boulder wrongful death attorney must prove in order to win a wrongful death claim. These elements include:
• Duty of Care: The defendant owed your loved an obligation not to harm him.
• Breach of Care: The defendant violated, or breached, her obligation when she injured your loved one.
• Causation: You must show the defendant’s actions caused your loved one’s death.
WHAT DOES THE “BURDEN OF PROOF” MEAN?
It means the plaintiff has the responsibility of proving that the defendant is liable for the death they are being accused of.
WHAT DOES “DAMAGES” MEAN IN A PERSONAL INJURY CLAIM?
The term damages generally refers to money. In a wrongful death lawsuit, you can sue for:
• Lost wages your loved one would have received if he/she had lived
• Loss of benefits – life insurance, etc.
• Loss of companionship
If you’re the estate’s representative, you can sue for:
• Expenses related to the person’s death like medical, hospital and emergency care
• Funeral expenses
In some circumstances, punitive damages are also available. These damages are ones that punish the defendant in order to deter others from committing the same type of reckless or negligent behavior.
CONTACT A BOULDER WRONGFUL DEATH ATTORNEY
Sloat & Nicholson P.C. have a combined 70 years of legal experience. Contact us to understand more about your wrongful death claim. We’re ready to help you obtain the justice you deserve during this tough time.
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