Life is never the same after losing a beloved family member. Everywhere you go, you face reminders of your loved one’s absence. If somebody else was responsible for their death, that loss can be even more devastating.
If you believe that somebody else’s negligence, recklessness, or intentional misconduct caused your loved one to die, you may be entitled to recover compensation with assistance from a personal injury attorney. A Castle Rock wrongful death lawyer could review the details from your loved one’s sudden passing to determine if your family might be eligible for financial relief to compensate you for your loss.
Generally, an injured person has the right sue another party in a personal injury suit if the defendant’s actions or inactions caused their losses. If this person dies as a result of their injuries and is unable to file a lawsuit, this party’s surviving family members can generally sue that defendant in a wrongful death suit.
These lawsuits are civil actions that family members can bring at the same time as or instead of a criminal prosecution. However, there is a lesser burden of proof in a civil case. Instead of having to prove that the defendant caused the death beyond a reasonable doubt, surviving family members would need to demonstrate that the defendant’s negligence, recklessness, or intentional wrongdoing more likely than not caused their loved one to die. The penalties in civil actions are also different from criminal prosecutions.
Unlike with a criminal action where a conviction can result in jail time for a defendant, a civil wrongful death action can result in the opposing party paying damages to the deceased person’s surviving family members. Surviving family members generally must file these cases within two years of their loved one’s death. Our local attorneys could help family members seek justice through a wrongful death case if they believe that their loved one died due to another person’s actions.
Not every family member can file a wrongful death action. Spouses generally have the exclusive power to file suit in the first year after their significant other’s death. With the surviving spouse’s consent, the heirs, usually the deceased person’s children, can also file suit during the first year. If there is no spouse, the heirs or the designated beneficiary can file suit. During the second year after a death, the spouse, the heirs, or the designated beneficiary may file suit. In the event that there is no spouse or children, the deceased person’s parents may file suit.
Any kind of incident that results in an untimely death can be the subject of a wrongful death action. Some of the most common reasons for these cases include:
Our Castle Rock attorneys could investigate the evidence surrounding a wrongful death case to determine its cause and who may be legally responsible. We could skillfully examine any police reports, eyewitness testimony, incident reports, medical records, as well as any other information relevant to the case.
Nothing can bring your lost loved one back to you, but a settlement could help ease some of your financial difficulties you may be facing after your loved one’s passing. Obtaining a damages award from the person responsible for your loved one’s death could give you peace of mind knowing that you could achieve some measure of justice on behalf of your loved one. Reach out to a Castle Rock wrongful death lawyer today to discuss your legal options.
By: Dan R.
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