Wrongful Death

You can pursue a wrongful death claim for after any death caused by another party’s negligence. If a party was negligent, this means that they owed your loved one a duty to keep them safe and violated that duty, directly leading to their death. Some of the most common types of wrongful death cases include

• Medical Malpractice: This occurs when a doctor fatally injures a patient by not competently performing their medical duties. A medical malpractice lawsuit must: 1) prove that a doctor-patient relationship was formed, and the doctor was hired to oversee the victim’s medical condition, and 2) prove the doctor was negligent and that any harm that came to your loved one could have been avoided or prevented if the doctor had provided the standard of care. The doctor must have done their best to be “reasonable and careful.” The doctor may have failed to diagnose the patient accurately, delivered improper treatment, failed to warn the patient of the risk’s associated with treatment, or performed inadequately during a major procedure. Medical malpractice is often one of the most common causes of a wrongful death case, but it is also very complicated to pursue.
• Workplace Accidents: In general, manual labor and construction jobs have a higher risk of worker fatality, especially in cases where employees work in an environment that is not up to code or that does not comply to state and federal standards. If your loved one was killed at work and it can be proven that someone else was to blame, you can likely pursue a wrongful death case. You may also have a case if circumstances or conditions at work caused a loved ones’ death outside of the job’s environment, such as if your loved one was killed in a car accident while making a delivery at for work.
• Premises Liability: Property owners have a duty to keep their property safe for visitors. If your loved one was killed by a hazard on someone else’s property, you can likely pursue a wrongful death claim. Common causes of premises liability accidents include slip-and-falls, swimming pool accidents, and negligent security.
• Nursing Home Abuse: We trust nursing homes with caring for our vulnerable family members. If your loved one died after being neglected or abused in a nursing home, you can hold the staff and administration of the facility financially accountable. Common causes of nursing home fatalities include neglect, falls, and medication errors.
• Car Accidents: Over four million Coloradans have driver’s licenses. With that many people on the road, any driver is at risk of a fatal car accident. If you can prove that your loved one died in a car accident caused by another party, you may file a wrongful death lawsuit against the other driver, the vehicle manufacturer, or the government responsible for the upkeep of the road.
• Pedestrian Accident: Because pedestrians have nothing to protect them in a collision, pedestrian accidents often have high fatality rates.
• Defective Products: A manufacturer of a product can be held liable if their product results in a death. Some of the most common types of defective products are toxic foods, defective automobiles or vehicle parts, defective pharmaceutical products, or defective children’s toys or furniture.
• Aviation Accidents: Though planes often undergo extensive testing and maintenance, sometimes accidents do occur. If a mechanical issue or a pilot’s negligence results in death, one might pursue a wrongful death case.
• Truck Accidents: Trucks are enormous pieces of machinery that can cause fatal accidents if the driver is not careful. Aggressive driving, mechanical errors, and employer negligence can all cause wrongful death.
• Violent Crime: If your loved one dies as a result of assault or murder, you can hold the perpetrator financially accountable. It is important to note that their criminal proceedings are completely separate from your civil claim, so even if they are found not-guilty in criminal court, you may still be able to recover compensation. If you do not file a civil claim, you will not recover any compensation from the criminal case.

This is not an exhaustive list. As long as your loved one’s death was the result of someone else’s negligence, such as nursing home abuse, or a work injury in the Denver area, you can hold them accountable through a wrongful death claim.