Blog

Articles and information to keep you up to date on personal injury news.

Pursuing a Wrongful Death Claim

If someone close to you dies due to the fault of another person, you have the right to file a wrongful death claim. This lawsuit seeks compensation for the survivor’s loss.

What is a wrongful death claim?

A wrong death claim can be filed when one person dies due to another’s fault. A representative files this claim on behalf of the person who suffers because of the deceased’s death. An executor of the deceased’s estate usually files the claim. The parties of interest in this case vary from one state to another. Some of them include:

  • Immediate family members – immediate family members, such as children and spouses can recover in wrongful death cases.
  • Life partners and financial dependents – in some states, a life partner and persons who were financially dependent on the decedent have a right to recovery.
  • Distant family members – other states even allow extended family members such as siblings and grandparents to file a wrongful death claim. For instance, a grandfather who is raising a child can bring a wrongful death suit on behalf of the deceased.
  • Parents of a deceased fetus – in some cases, the death of a fetus can be the basis for a wrongful death suit. In other states, parents cannot file a wrongful death suit for the death of a fetus.

What is required to establish wrong death claims?

The elements needed to prove a wrong death claim alleging simple negligence are: causation, damages, duty, and breach of duty. You, the plaintiff, have the burden of persuasion or proof. The elements of a wrongful death suit usually include the classic negligence elements and proving that the legal beneficiaries are entitled to share the recovery.

What damages are recoverable?

The damages recoverable in a wrong death claim include:

  • Compensation for pain and suffering
  • Funeral expenses
  • Expenses for care, treatment, and hospitalization

Immunity for government employees and agencies

In some cases, certain agencies or employees may be immune to wrongful death suits. This means that you cannot sue them for wrongful death. If you find yourself in such a situation, you will not be able to recover.

Are you looking for a lawyer in Boulder, Colorado, to file a wrong death claim for you? You should get in touch with Sloat & Nicholson P.C Personal Injury Attorneys by calling 303-447-1144.

Related Articles

Articles and information to keep you up to date on personal injury news.

September 22, 2020

Staying Safe While Motorcycling on Wet Roads

Colorado is a fabulous state for motorcyclists. The scenic views and legendary routes that cross the state are some of the most beautiful in the country. But, those
Read More

September 18, 2020

What Happens When a Passenger Suffers Injuries in a Collision?

It is very common for passengers to suffer injuries in a motor vehicle accident. When a collision occurs, many different parties may be responsible for passenger injuries. In
Read More

September 11, 2020

Could Intelligent Speed Assist Prevent Teen Speeding Accidents?

Is it possible for Intelligent Speed Assist systems to prevent accidents caused by speeding teenagers? As cars become more technologically advanced, this is a question that automakers and
Read More