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Elements of a Wrongful Death Case

Posted by attorney Donald Banovitz

Having someone you love die of wrongful death is an emotional situation. Not only do you lose someone you care about, sometimes that person is a main income earner in a family. Therefore, a wrongful death can bring not only emotional pain, but financial hardship as well. Although no amount of money can bring your loved one back, a Denver wrongful death attorney can help you recover the compensation you need for funeral costs, loss of earnings, and any medical bills.

Many actions can lead to hiring a Denver wrongful death attorney, with the most common including car accidents, medical malpractice, criminal actions, and work-related accidents, especially in the construction industry. Thousands of wrongful death cases happen in the United States every year. Accidents are the fifth-highest cause of death in the United States.

What You Need to Prove

A wrongful death case must include these four elements, which must be proven by the surviving family members:

  • Negligence – A wrongful death case requires that someone acted carelessly and caused the victim’s death. They must have acted in an improper way that a reasonable person would not have in the same situation.
  • Breach of duty – The accused must have owed a duty to the victim in order to have a Denver wrongful death attorney argue your case. For example, a doctor has a duty to maintain the health of his patients. A driver has a duty to follow the rules of the road and drive carefully. There are different types of duties, but not everyone has a duty to another person.
  • Causation – The victim’s family must be able to prove that the actions of the negligent person caused their loved one’s death. Because there are many different causes of death, this can be extremely difficult to prove.
  • Damages – There are not only medical bills and funeral expenses to count as damages. Often, a loss of wages from the victim being a main provider for his or her family is included as damages. A man who provides for his four children will have more damages than a senior citizen with no dependents. The judge and jury will consider various factors when awarding damages.

Examples of Wrongful Death

If a doctor performs a procedure on a patient and he fails to follow the correct procedure, which leads to the patient’s death, then there are grounds for a Denver wrongful death attorney fight for you against the doctor and hospital. If a driver drives erratically while under the influence of alcohol or drugs and kills someone in the process, then that could also warrant a wrongful death case.

Contacting a Lawyer

If you believe you have a strong wrongful death case, you’ll undoubtedly need the expertise of aDenver wrongful death attorney. One or more of the elements can be hard to prove without the help of an attorney who is familiar with the laws in your state and who has the skills the find the evidence needed to win the case.

If you believe your loved died of a wrongful death, you may have a valid wrongful death case. Contact the Law Office of D.J. Banovitz. He is a personal injury lawyer who can help you claim the compensation you deserve. Contact him today at (303) 300-5060 and request your free booklet, 7 Costly Mistakes that can Ruin Your Colorado Injury Case.

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