Losing a loved one, especially when it’s the result of a preventable accident or illness caused by another person’s action or inaction, is an experience none of us want to endure. In addition to the emotional and mental pain and suffering that comes with losing a loved one, wrongful death cases can take a tremendous financial toll on families. In Colorado, wrongful death claims are initiated by the surviving families members (wrongful death beneficiaries) or the estate of the decedent. Though these claims are never what a person wants to do, they are often necessary and practical for the mere financial part of it.
When someone dies as a result of the negligence or misconduct of another person, the family of the deceased person may file a wrongful death claim against the person at fault. A wrongful death lawsuit is a civil lawsuit brought against an individual, company, or governmental entity.
In a wrongful death claim, a plaintiff can seek compensation for things like:
While the specific laws vary between states to establish a wrongful death claim, a plaintiff generally needs to show the cause of death by satisfying four elements.
After establishing these elements, it then turns on the question of who can file the wrongful death claim in Colorado.
If there is no surviving spouse, the wrongful death claim can be brought by the heir or heirs of the deceased or the designated beneficiary (if any).
If the deceased is an unmarried minor without descendants or an unmarried adult without descendants and without a designated beneficiary, the father or mother may initiate the wrongful death action. It’s important to notes that the statute provides that the father and mother shall have an equal interest in the judgment.
The parties who can maintain a wrongful death action vary depending on the jurisdiction. In most states, they are the immediate family members of the decedent, including the following:
Wrongful death claims often arise in the context of the following.
The defenses available to a defendant in a wrongful death claim and their application vary between states. If you are the plaintiff, it is important to know what potential defenses are so that you can be prepared to argue against them.
Some common defenses include:
Whether a specific defense applies depends on the circumstances of the case. It’s also important to remember that just because a defense is invoked, it does not mean you can’t argue against it. When a defense is invoked, the defendant must prove it.
The standard of proof in a wrongful death action is the civil standard of a preponderance of the evidence. In other words, it is more likely than not that the defendant’s actions resulted in the wrongful death.
If you lost a loved one and believe you may have a wrongful death claim but are unsure, our wrongful death attorney can help you understand what your legal options are. Time is of the essence, though.
