A family member can usually sue for the passing of their loved one if their death was brought on by a wrongful act or negligence.1 For example, if a doctor made a mistake during a surgical procedure and the error caused an individual to suffer fatal injuries, a wrongful death lawsuit can be brought against the doctor or the hospital he/she works for. If a police officer applied excessive force while making an arrest, then the suspect’s family could file a wrongful death lawsuit against the officer or the police department.
The best way to determine if a wrongful death lawsuit can be filed on behalf of a family member is to assess whether the decedent would have had the grounds to sue for the injuries he/she suffered had he/she not passed away.
Establishing Liability After the Untimely Death of a Loved One
If an individual recently lost someone they love and they are trying to find out if they have the grounds to sue, they can always contact a Colorado wrongful death lawyer who can provide them with a case evaluation. Generally, in order to initiate the lawsuit process, the surviving family member will need to:
- Confirm they are permitted to take legal action as the State only permits certain individuals to file these types of lawsuits.
- Be able to prove that it was another party’s recklessness or carelessness that led to their loved one suffering fatal injuries.
Who can file a wrongful death lawsuit in Colorado?
According to Colorado Revised Statute §13-21-201, any of the following individuals are permitted to come forward with a wrongful death lawsuit:
- The spouse of the decedent
- The decedent’s children
- The parent of the decedent
If the decedent does not have a surviving spouse, child, or parent(s), then their estate can take civil action.
How can negligence be proven in a wrongful death case?
Once an individual confirms they are permitted to file a wrongful death lawsuit on behalf of their loved one, they will want to meet with a Colorado police brutality attorney who can help them identify in what ways the other party was negligent. Were they driving drunk? Was the guilty party a property owner who failed to ensure their premises were reasonably safe and hazard-free?
Establishing negligence in a wrongful death case requires time and a firm understanding of the laws that apply to these types of cases. Because most individuals don’t have the time to dedicate to building a strong case on behalf of their loved one and aren’t familiar with the laws that apply to their case, they choose to retain a wrongful death lawyer in Colorado who can help them prove how the other party was negligent.
The Attorneys at Bryan & Terrill Law, PLLC Have a Great Deal of Experience With Handling Wrongful Death Cases
If an individual recently lost someone they love in a preventable accident and would like to find out if they can file a wrongful death lawsuit and potentially recover damages, Bryan & Terrill Law, PLLC is only a phone call away.
Bryan & Terrill Law, PLLC can be reached at:
333 W. Hampden Avenue, #420B
Englewood, CO 80110