Colorado Springs CO Wrongful Death Attorney
The loss of a loved one is a tragic event. It’s made more tragic when it’s caused by the negligence of another. You don’t, however, have to lament the loss without seeking justice. In cases where negligence is a factor, the other party may be liable for damages. A Colorado Springs CO wrongful death attorney at Brylak Law can help you seek justice for a family member who would still be alive had it not been for the negligence of another party.
We Can Help You Get Justice for Your Family
Brylak Law has successfully litigated several cases in which a negligent party caused a wrongful death. If you and your family demand justice for your loved one, call us today to begin preparing your case.
Who Can File a Wrongful Death Claim?
In Colorado, if you are your deceased loved one’s spouse, then you can file a lawsuit immediately after they pass. If you are child, parent, or another relative you must wait for one year before you can file a lawsuit.
A representative of the deceased’s estate may file a claim that is related to damages to the estate.
The Colorado Springs CO wrongful death attorneys at Brylak Law can help you through the process of litigation and ensure that your loved one’s case is made before the jury and the court.
Damages in a Wrongful Death Lawsuit
What damages you can collect will depend on your relationship to the deceased. Generally, however, surviving family members can collect damages on the following:
- Wages that the deceased would have likely earned had they remained alive
- Loss of love, companionship, affection, assistance, society, and consortium
- Medical expenses and pain and suffering of the deceased
In the event that the defendant has acted with a callous disregard for the rights and safety of your loved one, family members may be able to collect punitive damages.
An experienced Colorado Springs CO wrongful death attorney can help ensure that the court holds defendant liable for the maximum amount allowed by law.
Proving a Wrongful Death Claim in a Lawsuit
Wrongful death cases are a branch of personal injury law. In the vast majority of personal injury cases, the question of negligence determines whether or not a defendant can be held liable. In order to prove negligence, the plaintiff’s attorney must show the following:
- The defendant owed a duty of care to the plaintiff
- The defendant breached that duty of care
- Injury or death resulted as a consequence of that breach
Each case is different, and different cases may have different standards for proof. For instance, in a product liability case, there may be no need to show negligence at all. The plaintiff need only prove that the injury was caused by a defective product.
In a medical malpractice lawsuit, the plaintiff would need to show that the doctor failed a basic standard of care as established by other doctors. If that failure results in either an injury or death, then you’ve proven the grounds for medical negligence.
Very often, inebriated driving results in a preventable death. When that happens, negligence is very easy to establish because the driver knew that they were putting others at risk when they decided to drive drunk.
Contact a Colorado Springs CO Wrongful Death Attorney Today
If your loved one died as a result of another party’s negligence, you deserve compensation for your loss. As your personal injury attorneys, our job is to show that your loved one’s death was the result of another party’s negligence. Call Brylak Law today to speak to a Colorado Springs CO wrongful death attorney who will fight tirelessly for justice for you and your family.