Wrongful death can be a tricky subject. A wrongful death is an event where someone can be held accountable for the death of someone else. It is generally brought about through civil action of living relatives. Generally, these deaths must result from negligence in some fashion, often following a motor vehicle accident wherein the other driver was responsible or for medical malpractice. Wrongful death goes beyond these two examples however, encompassing any death could have been prevented by better actions from another person.
There are important aspects to a wrongful death lawsuit that need to be adhered to. First, you need to remember that wrongful death laws vary by state. You need an attorney well versed in the wrongful death laws of the state in which the wrongful death took place. The suit can also only be brought on, generally, by close relatives of the deceased and also by their living dependents or legal relatives.
The next thing you need to remember is that you must prove beyond a reasonable doubt that your loved one’s death was the result of someone else’s negligence. As the person bringing the suit, the burden of proof is on you to establish that the death was avoidable and resulted from the actions of another person. Sometimes, as in drunk driving cases, this is fairly easy to do. Other times the case can be more complex. This is where a lawyer can help. Evidence may not always be obvious to you.
Next, understand there is a statute of limitation on these cases, meaning you have a finite time in which to file your wrongful death case. You cannot decide several years later to file, even if you have evidence, if the statute of limitations has passed. This time period depends on your state and how the death occurred. Generally speaking, the statute will last a couple years but there are some extensions. A product liability suit has more time in most states, as do deaths involving alcohol.
One difficult area to dive into in wrongful death is when the deceased relative in question took their own life. Suicide, by nature, is hard to prove as the result of any one factor in the life of the deceased individual. Here the burden of proof is most difficult and you must prove intentional infliction of emotional distress. It is not enough to note that a single person made your loved one’s life difficult, you must prove they wanted to inflict severe emotional harm on your loved one. Sometimes this is hard to do and the process of achieving this is worse. That’s where we can help.
Boyle Law, a wrongful death attorney in Denver, can help with your wrongful death lawsuits in the Denver area. We’re compassionate and loyal. We want to get you what you’re owed for your suffering and the costs of laying your loved one to rest.