Pueblo CO Wrongful Death Attorney
As you and your family attempt to manage the grief and loss of a loved one, the counsel of a Pueblo CO wrongful death attorney can be both helpful and necessary. A wrongful death lawsuit is not a criminal lawsuit, but a civil one. In effect, you or your family members are plaintiffs in a lawsuit against a defendant. You are alleging that the defendant is responsible for the death of your loved one.
In addition, wrongful death lawsuits are a branch of personal injury law. Most personal injury cases revolve around the question of negligence. In other words, your attorneys will attempt to prove that the defendant, be they are a person or a company, is liable for the death of your loved one.
For that, you will need skilled Pueblo CO wrongful death attorneys who have a history successfully litigating cases. If you believe a negligent party was responsible for your loved one’s death, give Brylak Law a call and we can begin discussing your case right away.
Who Can File a Wrongful Death Claim?
In Colorado, the only person who may file a wrongful death claim within the first year of a family member’s death is their surviving spouse. In the second year, their spouse and children may file a claim. If the deceased had no spouse and left no children, parents of the deceased may file a wrongful death lawsuit.
In addition, a representative of the deceased’s estate may file a claim related to damages to the estate.
The skilled Pueblo CO wrongful death attorneys at Brylak Law can help you through the process of litigating on your loved one’s behalf.
Damages in a Wrongful Death Lawsuit
Depending on your relationship to the deceased, you can collect damages on the following elements:
- 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 some cases, the family may be able to pursue punitive damages against a defendant if their conduct showed a blatant disregard for the rights and safety of others.
An experienced Pueblo CO wrongful death attorney will ensure that the defendant is held liable to the maximum degree allowed by law.
Proving a Wrongful Death Claim in a Lawsuit
In most cases, your Pueblo CO wrongful death attorneys will need to prove that the defendant acted negligently. Only in strict liability claims will a plaintiff not have to prove negligence. Negligence can happen either by action or inaction. For instance, if a proprietor does not clean up a spill, and someone slips and falls, that is negligence that results in injury.
To prove negligence in a wrongful death lawsuit, three criteria must be satisfied. Those include:
- The defendant owed a duty of care
- There was a breach of that duty of care
- Death resulted as a consequence of that breach
For instance, a common cause of preventable death is medical malpractice. In these cases, the doctor owes his patients a standard of care. When the doctor fails this standard of care, he has breached his duty as a doctor. If an injury or death result, he can be held liable.
Another instance in which death may occur as a result of a defendant’s negligence is a drunk driving accident. There, the defendant owes it to the public to operate a motor vehicle with a clear mind. When a death or injury results from that breach, the defendant can be held liable.
In some instances, products can also cause injury or death. In some cases, it will not be necessary to prove negligence, only that injury occurred. That’s what’s known as strict liability.
Contact a Pueblo CO Wrongful Death Attorney Today
At Brylak Law, we help grieving families get justice for their loss. If someone you loved died as a result of someone else’s negligence, you may be able to hold that person or company responsible for their death. An experienced Pueblo CO wrongful death attorney can help you make your case.