Wrongful death happens when a person gets killed due to the misconduct or negligence of another entity or person. Though there might be present a criminal prosecution connected to the fatality, wrongful death lawsuits are acknowledged as civil actions that are different from other criminal charges. In the former, the standard of evidence is lower compared to what it is for criminal cases for manslaughter or murder. Several circumstances can result in wrongful death lawsuits, like motor vehicle accidents, medical malpractice, manufacturing defects, toxic torts, and criminal activities. Every state has got its wrongful death statute, and its procedure and criteria bring a lawsuit of wrongful death.
Common causes that give rise to wrongful death
In Denver, a wrongful death case can involve a huge array of circumstances for which people get in touch with a wrongful death law firm in Denver, CO. Some common factors that contribute to a wrongful death are:
- Motor vehicle accidents include speeding, reckless driving, driving while fatigued, driving in a state of intoxication, etc.
- Truck accidents.
- Motorcycle accidents.
- Premises liability cases.
- Bicycle accidents.
- Medical negligence or malpractice.
- Pedestrian accidents.
- Criminal acts.
- Workplace accidents or injuries.
- Defective products that include medicines.
- Nursing home abuse.
The list mentioned above is only a brief series of instances. Hence, you must not regard them as all-inclusive. When a person’s loved one dies due to the negligence or wrongful actions of another person, then he can take lawful action to demand justice. In this situation, knowledgeable and skilled wrongful death lawyers would be able to provide people with a clear understanding of their options.
The damages
The vital elements of wrongful death claims have huge similarities to those connected to various other negligence-based suits. When it is a successful wrongful death lawsuit, it will have three vital aspects, and they need to be proven:
- The defendant was supposed to provide a duty of care to the dead person – This means the responsible party was liable for acting with the care that would ensure that the victim didn’t suffer any harm. For instance, a person might file a suit against an intoxicated driver who caused a deadly accident, and it resulted in the unexpected death of a person. In this situation, the driver was supposed to adhere to every law and regulation. And when he does this, he would avert injuring any person through his negligence or action.
- The breach of duty of the defendant resulted in the victim’s death – When the actions of the defendant resulted in the death of the victim, he might be held responsible. In this example, as the intoxicated driver caused an accident it killed a victim, his breach of duty is connected to the tragedy.
- The defendant breached his duty of care – People can be explained as “in breach” of their duty if they fail to fulfill their lawful responsibility. A drunk driver will breach his duty of care if he keeps on driving in a drunk condition, and it would violate the law.
For any kind of assistance, it would be ideal to contact a reliable wrongful death law firm in Denver, CO, because it’s understanding of legislation and case law related to wrongful death activities will be unmatched.