Determining Negligence in Colorado Springs Wrongful Death Claims
A wrongful death lawsuit can arise whenever someone dies due to the negligent or reckless conduct of another person or entity. Surviving loved ones can bring a claim to recover damages related to their death. A successful case depends on proving the other party was negligent, which is why you should seek legal assistance from a compassionate wrongful death attorney.
When your loved one or close relative was killed due to another person’s irresponsible conduct, you could file a wrongful death claim. Talk to a lawyer about determining negligence in Colorado Springs wrongful death claims.
Negligence in Wrongful Death Claims
A wrongful death claim is often based on negligence. For example, if someone dies in a car accident because the other driver acted irresponsibly by drinking and driving, the surviving relatives of the deceased person can sue. However, determining negligence in Colorado Springs wrongful death claims can be complicated.
The law requires four elements to prove someone was negligent, and the person suing must prove their claim with strong evidence. The elements of negligence are:
- The defendant owed a legal duty to the plaintiff
- The defendant breached their obligation
- The breach caused the plaintiff’s injury
- The plaintiff suffered damages
The elements someone must prove to succeed in their negligence claim are always the same, but not all wrongful death cases are based on negligence. When someone dies due to a dangerous or defective product, the person or company responsible is subject to strict liability, meaning negligence is irrelevant.
The state applies a modified comparative approach in negligence cases, which means when the person who died was partly responsible for the accident, the family can still recover compensation when they were not more than fifty percent at fault. The court will simply reduce their damages based on their percentage of fault. For example, if the plaintiff is twenty percent responsible and is entitled to $100,000 in compensation, they can only recover eighty percent, or $80,000.
Examples of Negligence in Wrongful Death Cases
A wrongful death occurs when someone fails to act as a reasonable person would under the same circumstances, and a person dies. Numerous factors or situations could lead to a wrongful death claim, including:
- Car, truck, or motorcycle accidents: Every day, people suffer injuries due to negligent drivers. When someone is killed in a car wreck, their loved ones can recover damages for their related losses.
- Medical malpractice: When healthcare professionals breach the standard of care for their patients, it can have tragic consequences. The failure to diagnose someone’s condition or errors during surgery and medical procedures can have fatal outcomes.
- Workplace accidents: Occupations like construction work or the maritime industry involve dangerous manual labor, and workers are at a higher risk of serious injury or death.
- Pedestrian and bicycle accidents: When someone is hit by a car, their injuries can be devastating. Pedestrians or cyclists often suffer fatal injuries during collisions.
- Slip and falls: Property owners are liable for hazardous conditions on their property. When someone slips, trips, or falls, they can suffer fatal injuries.
- Swimming pool accidents: Drownings or other injuries during swimming pool accidents are a frequent source of wrongful death claims. People can suffer head or spinal trauma at a pool, and other factors like lack of adult supervision can contribute to fatal injuries.
A lawyer in Colorado Springs who has experience with determining negligence in wrongful death claims could help collect evidence to prove who was responsible for a fatal accident.
A Colorado Springs Attorney Could Help Determine Negligence in a Wrongful Death Claim
When you hire a lawyer, they could review the cause of death and gather evidence to prove the other party acted negligently. Determining negligence in Colorado Springs wrongful death claims is complicated, and a lawyer could assist with your claim and give you the time you need to heal.
Contact our office to schedule a free and confidential consultation.
