Wrongful Death Attorney

Aurora Personal Injury Information From Wrongful Death Attorneys

Wrongful Death Legal Information

Wrongful death claims are among the most wrenching and traumatic of lawsuits. The loss of a loved one, and the emotional and financial ruin that result, offers the most severe test for any family. These cases also typically result in exhausting and prolonged cases that are guaranteed to test every ounce of your stamina, emotional strength, and willpower.

But there remains much public confusion about what a wrongful death claim is, and how best to pursue one.

What Is a Wrongful Death Claim?

A death may be deemed ‘wrongful’ should one of the following occur:

  • The death was due to a negligent or careless act, (i.e. the collapse of a poorly-constructed building).
  • The death occurred due to a demonstrably reckless act, (i.e. a car accident caused by speeding).
  • The death was caused by an intentional act,( i.e. murder).

A wrongful death claim seeks to prove that, in addition to the injury caused to the victim by their death, the survivors were also injured by the removal of the emotional or financial support of the decedent. Because these claims are pursued in civil court, the standard of proof is a preponderance of the evidence, rather than proof beyond a reasonable doubt.

Considerations for Pursuing Wrongful Death Attorneys And Claims

Laws and procedures for filing a wrongful death claim vary from state to state. When choosing an attorney to handle a claim, make sure that he/she is licensed to practice in the applicable state, and is fully aware of (and hopefully experienced with) the requirements of the local jurisdiction for pursuing a wrongful death claim.

Some of the more important variances:

  • Who may bring a wrongful death lawsuit – In some states, only a spouse or children may bring suit. Other states have a broader allowance, including parents, grandparents, siblings, and potentially others. Be sure that you qualify to bring suit in your jurisdiction.
  • The statute of limitations – The opportunity to file a claim may be lost if too much time is allowed to elapse following the death. Consult with an attorney as soon as possible to ensure you comply with the local statute of limitations.
  • Determination of damages – Awards in wrongful death cases are notoriously variable, but juries consider the emotional impact of the death and punitive factors, as well as the economic impact, loss of future earnings, etc.
  • Immunity – Certain agencies have been deemed immune to suits for wrongful death, including some federal and local governmental agencies, certain manufacturers of medical devices, and some other defendants. An attorney can help you determine the status of a potential defendant in your case.

Wrongful death is an extremely complicated and technically demanding legal process, and the best advice in any such circumstance is to consult with a reputable attorney who specializes in personal injury & wrongful death, to determine the full range of your legal rights to compensation and justice.

Norton Law Offices offers free consultations, and nearly always takes cases on a contingent fee basis. That means that we only collect attorneys’ fees if we are successful on your behalf in settling your claims or winning at trial.

We offer attentive and personalized service that reflects your needs and answers your questions. For more information about our ability to represent your interests effectively, contact Norton Law Offices today and speak to Denver wrongful death attorneys at 720-600-4670. We make visits at your home and are available on evenings and weekends.