In Denver, after losing a loved one because of someone else’s negligence, families can file a wrongful death claim. Under the Denver law, during the first year after the death, the spouse has the exclusive right to file a claim. Alternatively, they can appoint children to do so. In the second year, the children can file, or the parents of the deceased when there isn’t immediate family.
The statute of limitations for a wrongful death claim in Denver is two years. However, to succeed in a claim, certain legal elements must be proven. Understanding these elements is essential if you’re thinking about taking legal action and working with a wrongful death lawyer in Denver.
Duty of Care
The initial point that must be determined is whether the defendant owed a duty of care to the deceased. A duty of care is the understanding that the person has a legal responsibility to act in a way that would avoid harm to others.
For example, drivers have a duty to follow traffic laws, and physicians have a duty to provide proper medical care. Property owners have a duty of care to ensure their property is safe for visitors or warn them of impending danger. If there was a legal relationship that involved responsibility, this element is usually apparent.
Breach of Duty
Next, you must show that the defendant breached that duty of care. That is, they behaved irresponsibly or did something wrong that led to the death.
A breach may occur through negligence, carelessness, or even recklessness. For instance, in the previous example of a driver, if they texted while driving and murdered somebody in a car crash. Another example is a company that ignored safety protocols, and somebody died as a result. All these would be a breach of duty.
Causation
The third element is causation. You need to establish that the defendant’s actions directly caused the death. It is not enough that they were negligent. Their actions need to be linked to what happened.
This part of the case can be tricky and may include such evidence as accident reports, medical records, or expert testimony. What you are trying to prove is that the death would not have happened but for the defendant’s failure to do their duty. A lawyer can help you gather the right material to prepare your case.
Damages
Finally, the claim must show that the surviving family members suffered damages due to the death. These damages can be in the form of funeral expenses, lost income, medical bills, and pain and suffering.
Courts also look at loss of companionship and support that the deceased person provided. Showing damages helps the court decide how the family has been affected and the kind of compensation that is appropriate.
Final Thoughts
A wrongful death lawsuit can be emotionally and legally challenging to pursue. Still, if you have evidence of duty of care, breach of duty, causation, and damages, you may have a strong case. If your loved one died due to someone’s negligence in Denver, don’t hesitate to speak with an experienced local attorney. Legal counsel can make all the difference.
