Losing a loved one under any circumstances is devastating. However, losing a loved one in an accident caused by the negligence of another can amplify the tragedy and leave a family with many more questions than answers. If you are unsure how to move forward, you can turn to Zinda Law Group for guidance.
Though it may be difficult, seek legal representation from a wrongful death lawyer in Colorado who will take your case as seriously as you do. If you are dealing with the loss of a loved one due to someone else’s negligence, call to speak with a personal injury lawyer at our law firm today.
How Colorado Law Defines Wrongful Death
Simply put, wrongful death refers to a death caused by another party’s negligent, reckless, or intentional act. For a successful case, plaintiffs must prove that the other party acted negligently. A wrongful death claim can be initiated when a victim could have pursued a personal injury claim had they survived.
A wrongful death lawsuit can be viewed as a variation of a personal injury case, with the key distinction being that the injured party can no longer pursue legal action. Instead, a representative is responsible for filing a claim on behalf of the deceased individual.
How to Prove a Wrongful Death Case
Proving a wrongful death case requires gathering evidence and presenting a compelling argument to establish liability and damages. The process generally involves establishing four key elements: duty of care, breach of duty, causation, and damages.
Duty of Care
First, you must prove that the liable party had a duty to act in a certain way. For example, drivers owe a duty of care to everyone else on the road to drive safely, obeying all laws and rules of the road.
Breach of Duty
After establishing the duty of care, you must show that the other party breached it. Suppose you established that a ski lift operator, for example, was required to have their lifts inspected at regular intervals and failed to comply. In that case, they may be liable for damages caused by an accident involving a ski lift failure.
Causation
After establishing the first two elements, the plaintiff must show that this breach caused damages. If someone is acting negligently, but there is an entirely different cause for the victim’s injuries, it is unlikely that the negligent party will be liable to pay any damages.
Damages
Finally, the party seeking financial compensation must show they suffered damages. This can take the form of medical bills, damage to personal property, or lost wages from being unable to work for some time.
CASE RESULTS
Who Can File a Colorado Wrongful Death Claim?
Wrongful death cases differ from most other personal injury claims because victims are unable to take legal action. This means that an important first step is determining who is legally allowed to bring a claim for damages. In Colorado, the answer to this inquiry is determined by Colo. Rev. Stat. §§ 13-21-201.
- In the first year after the person’s death, only the deceased’s spouse may bring a claim, subject to certain exceptions. The surviving spouse may elect in writing to let the deceased’s children file a claim, or they can file a claim together with their children. If the person was not married, their children or any other designated beneficiary may bring a claim.
- In the second year after the person’s death, if no one else took legal action, the list of potential claimants grows and does not require exceptions to be made in writing. This list includes the deceased’s surviving spouse, surviving children, and the eligible designated beneficiary.
If your family member has died recently and you believe you may be eligible to file a wrongful death claim, you may wonder who to sue. A good first step is to speak with a Colorado wrongful death lawyer to determine if you are a party that is allowed to take legal action. Your attorney will also help identify the liable party.
Common Types of Wrongful Death Cases
A wrongful death can result from a large variety of circumstances. However, a few types of accidents lead to wrongful death claims more often than others.
Car Accidents
When talking about wrongful deaths, auto accidents top the list, given how often people drive and the sheer number of vehicles on the road. In Colorado, there were 685 reported fatal crashes in 2022.
Though there are collisions that can occur without any fault, the vast majority of car accidents happen because of the negligence of one or more drivers.
Motorists commonly engage in reckless behavior, such as driving while under the influence of drugs or alcohol, speeding, or driving while texting. If any of these apply, the negligent driver may be liable for the injuries they caused.
Medical Malpractice
Doctors follow a strict licensing procedure, and while most of them are highly skilled and extremely cautious, mistakes still happen.
Errors can occur when medical professionals cut corners or don’t follow the proper procedures. Some of the more common mistakes include misdiagnoses and errors during surgery.
Workplace Accidents
The term “workplace accident” can conjure up images of huge pieces of machinery or explosions at an oilfield, but workplace accidents can happen anywhere.
While some Coloradoans might be at a higher risk given the large amounts of construction, oil and gas, and agriculture jobs in the state, anyone on the job can be at risk of suffering a workplace accident.
If a family member has lost their life due to an injury on the job, compensation could be available for you.
Products Liability
Producers and manufacturers are responsible for ensuring that the products they put onto the market are tested thoroughly and safe for use.
They also have obligations to provide proper warnings of any dangerous components. If the breach of this responsibility leads to a wrongful death, it could lead to liability for a product merchant or producer.
How to File a Wrongful Death Case in Colorado
Pursuing a wrongful death claim can take a long time and considerable effort, but you don’t have to do all the work yourself. The most important first step you can take is to seek legal assistance.
When you contact Zinda Law Group, you benefit from a 100% free and confidential consultation with one of our experienced attorneys. We invite you to share your experience and explore your legal options in a safe environment.
Contact a Wrongful Death Attorney
The first step after your loss should be to contact an experienced attorney who will give you a better idea of whether or not you have a compensable claim, what your case could be worth, and your options for pursuing compensation.
Family members of a wrongful death victim should seek a compassionate attorney with experience handling similar claims and access to sufficient resources to file an effective claim. In addition, you’ll want a lawyer whose caseload isn’t too large to prevent them from giving your case the attention it deserves.
prResearch and Investigate the Fatal Accident
After you hire an attorney, they can begin gathering all of the information needed to build a successful case. This will vary widely depending on the specific kind of fatal accident that occurred, but it can include:
- Analyzing medical records and interviewing doctors
- Gathering eyewitness testimonies and expert opinions
- Looking into employment standards of a company or government agency
- Researching the applicable Colorado wrongful death laws and statutes
Negotiate a Fair Settlement
After they have all the information needed, your attorney can begin negotiating a settlement with the appropriate parties. Seeking fair compensation is a delicate process that requires a proper understanding of the valuation of a case.
Your attorney can also employ effective argumentation strategies to emphasize the strong points of a claim while minimizing the impact of any of its weaker points.
Recoverable Wrongful Death Damages
Various types of damages may be awarded to the surviving family members or beneficiaries. In most cases, plaintiffs are eligible for compensatory (economic and non-economic) damages. These aim to compensate for the losses suffered due to the wrongful death.
Economic Damages
These tangible losses are easy to quantify and calculate. Your lawyer will mainly rely on receipts, bills, and other documents that show the accident-related losses suffered. However, they can also rely on other evidence, such as medical records and witness statements.
Our wrongful death lawyers in Colorado can help you receive the following economic damages:
- Medical expenses prior to death
- Burial and funeral expenses
- Lost financial support
- Loss of future earnings
- Lost inheritance
Non-Economic Damages
An accident can also have a severe mental and emotional impact on the victim and their loved ones. Non-economic damages address the psychological aftermath of the traumatic event.
With legal assistance, you could recover the following intangible losses:
- Loss of consortium
- Loss of companionship
- Pain and suffering
- Emotional distress
- Mental anguish
Punitive Damages
In Colorado, punitive damages (also known as exemplary damages) may be awarded as additional compensation in certain wrongful death cases. These are intended to punish the defendant for their egregious conduct and deter others from engaging in similar behavior.
To be eligible for punitive damages, the plaintiff must prove that the defendant acted with willful and wanton conduct or with a reckless disregard for the rights and safety of others.
The amount of punitive damages awarded is typically limited by Colorado law and subject to certain statutory caps. Our legal team can help determine if your case qualifies for punitive damages and guide you through the recovery process.
Our Awards
AWARDED TO JOHN C. (JACK) ZINDA BY THE NATIONAL TRIAL LAWYERS ASSOCIATION (2016-2020)
AWARDED TO JOHN C. (JACK) ZINDA (2009, 2011-2012, 2014-2021), & NEIL SOLOMON (2020-2021)
AWARDED TO JACK ZINDA (2016-2020)
LIFETIME MEMBERS JOHN C. (JACK) ZINDA
Dealing With Insurance Companies
In most cases, the responsible party will have some insurance to cover any accident-related damages. This means that it is important to understand how insurance companies operate.
First, remember that insurance companies are businesses; they exist to make a profit. Thus, their goal is to take in as much in premiums as they can and pay out as little as possible. Your best interest is not their main concern.
In light of this, communicating with insurance companies can be a minefield. They often employ claims adjusters who try to get information or statements from you that could damage your case.
It is best to let your attorney handle communications with insurance companies. When you do give information, offer only what is strictly necessary and confer with your attorney about how to handle any questions or requests that come your way.
Call Us Today for a 100% Free Legal Consultation
Dealing with the death of a loved one due to a wrongful death accident is an extremely stressful experience. Attempting to go through the recovery process alone or with the wrong attorney can further amplify the stress.
If you are looking for a lawyer to protect the memory of someone who died, Colorado has many law firms to choose from; you can easily be overwhelmed by the options. Countless billboards line I-70 into Denver and a Google search elicits thousands of results.
Our personal injury law firm rises above other firms due to our personalized legal services. At Zinda Law Group, we offer compassionate legal support to you and your family through this difficult time.
In addition, we believe that no accident victim should have to worry about their ability to afford legal representation, which is why we offer our No-Win, No-Fee guarantee. You don’t pay us anything until we win your case.
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