A car accident is an example of an event that can turn into a wrongful death case. For instance, if the descendant is involved in an accident with a drunk driver, sustains a traumatic brain injury, is in the hospital for ten days, and then dies from the traumatic brain injury, this means that the original cause of the traumatic brain injury has become the cause of a wrongful death.
In that instance, a wrongful death case could be brought against the drunk driver. If you have lost a loved one due to a car accident, consult a Denver car accident wrongful death lawyer that can attempt to achieve justice for you and your loved one. Consult a compassionate and capable attorney that can try to fight for a positive outcome for you.
Car Accident Wrongful Death Frequency
Death does not have to happen immediately in order to be considered qualifying as a wrongful death case. As long as death is the result of the tortfeasor’s negligence, the case qualifies as a wrongful death. The only necessary requirement is that the death be tied back to the original injury as the root cause.
Fatal car accidents tend to occur in Denver usually in the early morning hours on or near a freeway or on exit and entrance ramps. The reason for this is that people are usually leaving drinking establishments intoxicated. They think they can operate their vehicle safely, but the problem is that they are not thinking with a sharp mind at that time.
Punitive and Exemplary Damages
Exemplary damages are permitted when the death is attended by the circumstances of fraud, malice, willful, or wanton conduct. Colorado Revised Statute 13-21-102-1B defines willful and wanton conduct as conduct purposefully committed which the actor realizes is dangerous, done heedlessly or recklessly and without regard to consequences or the rights and safety of others.
Pursuant to CR 13-21-203-3C, exemplary damages cannot be included in the initial complaint and can only be added by the amendment and the approval of the trial court after 60 days has passed following the exchange of initial disclosures.
There are a number of ways that a person can receive punitive damages. One way is a defendant who was operating a motor vehicle intoxicated. Secondly, if the defendant was texting and driving, a Denver car accident wrongful death lawyer can then push for exemplary or punitive damages, as those are heedless and reckless actions which the defendant knew could cause serious damage to others.
Value of Working With a Denver Wrongful Death Car Accident Lawyer
The first step to take following a wrongful death car accident is to hire a Denver car accident wrongful death lawyer who can assist you. Your attorney can help you navigate the legal process. Usually, the next step is to appoint a personal representative for the deceased, which will start the rest of the process. If you have lost a loved one in a car accident, consult a qualified car accident lawyer that can try to hold the responsible party accountable and can fight for justice for your loved one.