Wrongful death is defined as death that occurs as the result of the wrongful conduct of another person or party. There are several important facts that you need to know about wrongful death cases.
Who Can File A Wrongful Death Claim?
In most cases, only the children or spouse are able to file a wrongful death claim. However, in some cases, the right may be extended to other family members, such as siblings or parents. People who are considered legal dependents may also be able to file a wrongful death case.
Keep in mind that both biological and adopted children can file a wrongful death claim. However, foster parents, stepparents and grandparents are usually unable to file a wrongful death claim. Exceptions may be made if the deceased person was not married and did not have any children.
There Is A Difference Between Murder And Wrongful Death
Wrongful death and murder are often used interchangeably, but they are not the same thing. Murder was committed with the deliberate intent to kill the person. Wrongful death was done by accident. However, people will often attempt to sue for wrongful death if a lawyer is unable to win the murder case. In many cases, the evidence is not strong enough to prove that one committed murder.
There Is A Statute Of Limitations On Wrongful Death
If you want to file a wrongful death lawsuit, then you will need to do so as soon as possible. In the state of Colorado, the statute of limitations for wrongful death cases is two years. However, there are some exceptions to this. For example, the plaintiff may be able to file a wrongful death lawsuit if he or she is disabled. Additionally, the plaintiff may be able to file a wrongful death lawsuit if the defendant engaged in fraudulent activity.
The Victim Did Not Need To Have A Job
A family member can file a wrongful death lawsuit as long as the victim died as the result of negligence. It does not matter whether or not the victim had a job. If the victim was a stay-at-home parent, then the compensation is usually based on the value of the services that were provided. The judge may also take the emotional pain that the family suffered into account when determining the amount of compensation to award the plaintiff.
The Most Common Wrongful Death Lawsuits
Car accidents are one of the most common wrongful death lawsuits. Regardless of whether one was driving intoxicated or not paying attention, the responsible person can be sued. Medical malpractice is another common wrongful death lawsuit. The negligence of a doctor, nurse or other healthcare provider can easily result in death.
People file lawsuits because they believe that the person’s death could have easily been prevented. They also want to make sure that the person who caused the death is held responsible for his or her actions. Even though the deceased person can never be brought back, many people have an easier time coping with their loved one’s death after they are compensated.
Steve Roberts founded the Law Office of Steve Roberts, LLC. By sticking to his principles of protecting the rights of people injured due to another, provide honest hard work, maximizing client recovery, and that clients always come first, he has developed a strong relationship with the Colorado Community. If you have been injured, check out Colorado Roberts Law to speak to an attorney today.