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.

December 9, 2022

Who Can Be Held Liable For a Truck Accident?

A semi-truck pulling an empty trailer weighs approximately 35,000 lbs, while the average passenger vehicle weighs between 2,750 and 4,000 lbs. Therefore, truck accidents often result in severe
Read More

December 8, 2022

Proving Liability in a Ski Accident

Proving ski accident liability typically relies on demonstrating that the other party was negligent, which resulted in the accident that caused your injuries. You are not alone if
Read More

December 2, 2022

Colorado Slip and Fall Statute of Limitations

A slip and fall claim arises in various circumstances and, in some cases, may lead to a lawsuit. Slip and fall accidents typically occur in places such as:
Read More