It is difficult to make sense of a fatal accident that takes your loved ones away when they were otherwise in good health. Knowing that another’s careless choices deprived you of your loved ones’ presence can make processing your grief even more difficult.
A Westminster wrongful death lawyer cannot undo these terrible events, but they could help you hold those responsible for the accident accountable for their actions. However, a successful lawsuit led by a dedicated attorney could result in recovering financial damages from those who caused the fatal incident, so you can focus on grieving your loss.
Filing a Wrongful Death Claim in Westminster
A plaintiff could seek to file a wrongful death claim if someone caused another person’s death by acting thoughtlessly or recklessly. A suit would propose that had there been no negligent behavior on the defendant’s part, the deceased would not have been killed. If this is shown to be more likely than not through the presented evidence and witness testimonies, the plaintiff bringing the civil action could be able to receive compensation.
Not every person is eligible to seek compensation, though. Spouses, children, and parents of decedents can file wrongful death lawsuits, but Colorado statutes prohibit others from doing so unless the plaintiff is a representative of the estate. Siblings of decedents may not pursue compensation through wrongful death lawsuits, nor can aunts, uncles, and cousins of the decedents.
Plaintiffs who bring these actions could recover compensation for the medical expenses, lost wages, and pain and suffering of the decedent before their passing, as well as the loss of the decedent’s future earning potential.
Steps in a Wrongful Death Lawsuit
Receiving compensation through a wrongful death lawsuit in Westminster could take time and patience. Once the suit commences and the responsible person receives notice of the action against them, the next steps might include:
- The discovery process, during which the parties involved exchange information concerning witnesses and evidence each side might use at a trial or hearing
- The pretrial phase, where each party can attempt to obtain a dispositive ruling in its favor from the court or otherwise limit the evidence or witnesses that may be presented in a trial
- The trial and appeal phase, where each party submits its evidence to a judge or jury who decides the results of the case
Depending on what occurs at a trial, the losing party could have the right to appeal for a higher court to review the decision.
A Westminster Wrongful Death Attorney Could Help You Find Relief for Your Financial Future
Given the complicated process of collecting evidence, the little time available to develop a case, and the sensitive nature of the damages, surviving family members of a decedent who are contemplating a personal injury lawsuit could benefit from legal help. A Westminster wrongful death lawyer could explain the recovery process and advise on whether filing a lawsuit makes sense for your family.