In Colorado, a wrongful death lawsuit is filed when the victim’s death wasn’t just an unfortunate accident. The laws that apply to these civil actions indicate that the fatality was the result of negligence, direct fault, or a reckless act. The family or a legal representative for the victim start the claims based on these laws. A wrongful death attorney in Fort Collins assists with these cases.
The Basis of the Wrongful Death
The basis of the wrongful death is proven through an autopsy. The victim’s body is sent to a forensic pathologist who conducts the autopsy and testing to review all probabilities connected to the event identified. The pathologist must rule out any conditions that don’t link directly to the event identified in the claim. The exact cause of death is reported on the autopsy.
How Did the Fatality Occur?
Acts of negligence are often connected to a failure to provide a duty to the victim. They can include but are not limited to product liabilities, premise liabilities, and medical malpractices. A direct fault, on the other hand, is often a criminal act such as assault and battery or murder. A reckless act is defined as a choice made by the defendant that led to the fatality and was avoidable.
Criminal Charges Related to the Fatality
Upon the conviction of a criminal charge, the judge may order the defendant to pay restitution. This requirement is often a part of the defendant’s penalties. However, the victim won’t receive restitution immediately if the defendant goes to prison, which could open the door for a civil lawsuit against the defendant’s estate.
Financial Losses for the Family
The financial losses for the family are identified in the civil claim. They include funeral and medical expenses. The loss of financial support for a spouse or child is also considered in these requirements.
In Colorado, a wrongful death lawsuit is available when the victim died due to avoidable circumstances. The legal claims provide an opportunity for the family to seek compensation for their losses. Families who need to hire a wrongful death attorney in Fort Collins.
