Elements of a Wrongful Death Lawsuit

No one should ever suffer the loss of a loved one in a preventable or avoidable accident. Unfortunately, many people make careless and reckless mistakes that result in tragic deaths in Denver. A wrongful death claim is a legal lawsuit that can deliver justice and financial compensation to surviving family members in this situation. Find out if you have the elements of a wrongful death claim by consulting with an wrongful death attorney in Denver.

What Is the Definition of “Wrongful Death” in Colorado?

A “wrongful death” refers to one that is caused by another person or party’s “negligence, unskillfulness or criminal intent” (Colorado Revised Statute § 13-21-201). This can include careless, reckless, wanton, malicious or intentional acts. 

Examples include fatal motor vehicle accidents, slip and fall accidents, workplace incidents, medical malpractice, and criminal attacks. In these situations, a civil wrongful death claim can be filed by surviving family members of the deceased person.

Four Elements of a Wrongful Death Claim

For a grieving family to win a wrongful death claim in Colorado, there must be proof or evidence of certain legal elements. The elements of the claim must be proven as true based on a “preponderance of the evidence,” meaning that something is more likely to be true than not true.

The four required elements of a wrongful death lawsuit are:

1. The death of an individual. A wrongful death claim can only be filed upon the death of an individual. If the accident victim is still alive or incapacitated, a personal injury claim must be filed instead.
2. Negligence or wrongful conduct. There must be evidence that the defendant or accused party is guilty of negligence or unskillfulness, which describes a breach of the defendant’s duty of care (legal obligation to act in a way that a reasonable and prudent person would have). Evidence of malicious intent to harm can also prove a wrongful death claim.
3. Causation. Proof is required to show that the defendant’s negligence is the actual or proximate cause of the decedent’s wrongful death. The foreseeability of the victim’s death due to the act of negligence or wrongdoing can help determine causation.
4. Damages suffered. Surviving family members of the decedent must have suffered real, compensable losses because of the defendant’s actions or failure to act. These can include grief, mourning, emotional distress, medical expenses, lost wages and inheritance, loss of household services, loss of consortium, and funeral and burial costs.

The evidence that may be available to prove the elements of your wrongful death claim can include medical bills, accident or police reports, cell phone records, eyewitness statements, photographs and videos, employment records, and bills or receipts. 

How Can a Wrongful Death Attorney Help?

Providing enough evidence to prove the elements of a wrongful death claim can be difficult without assistance from a lawyer. An attorney can investigate your loved one’s passing, search for and collect evidence of fault, and present a strong case to an insurance company or courtroom on your behalf.

Our injury lawyer in Denver will also have the ability to hire highly qualified experts to help you prove your case, such as accident reconstructionist. To find out if your family has all of the elements necessary for a wrongful death claim in Colorado, contact Fang Accident Lawyers to request a free consultation with an attorney.