It is hard dealing with the grief of losing a loved one, especially when it comes at the least expected time because of another party’s wrongful actions. This period is never easy to deal with, and while it is not possible to reverse the unfortunate turn of events, there is always the opportunity to make the at-fault party liable for the death. While a wrongful death might not have the criminal penalties that many people know the legal system for, it is a stepping stone to ensuring that the loss of a loved one is not in vain.
There are several situations that provide a ground for a case to be considered a wrongful death claim and these situations include;
- Road accident fatalities that involve negligence. Every year the roads claim the lives of lots of innocent victims who find themselves on the wrong end of negligent behaviors. The victim does not have to die on the spot for an accident to be considered fatal, but it will be considered one if it happens at a later date. Statistics about road accidents show that there is a lot that needs to be done for the reduction of these unfortunate scenarios.
- Death from medical malpractice. The duty of care that medical practitioner has to a patient must never be broken, and in the event that these wrongful actions result in the loss of life, one must take legal action.
- Incidents that occur from premises liability. Poorly maintained premises can lead to terrible slip and fall accidents among other situations which can see the victim die. This is not only limited to residential properties, but workers can also experience terrible accidents at their place of work which turns out to be fatal
In all the above situations there is the burden of proof which must be met, and that is why you need the services of a Grand Junction wrongful death lawyer who is well versed with the handling of such cases. This professional will first ensure that you are the right party to bring about the wrongful death claim in accordance with the state’s law. In Colorado, the following categories of individuals can file for the claim;
- A representative of the victim’s estate
- Victim’s spouse (legally recognized husband or wife)
- Victim’s children
- Parents in the event that the victim was a minor or does not have surviving children or spouse
Once the attorney has proof of the client fitting any of these conditions, they will then take the mandate of investigating all allegations brought to them and find out the root cause of the incident that led to the terrible loss. If negligence is the cause as is always in many cases, then there has to be proof that the defendant owed the duty of care and that this burden of responsibility was breached. The attorney will then go the extra mile to ensure that all the rightful categories of losses are factored in the total compensation to be received. Human life does not have a price, but there are legal guides that are typically followed in determining the amount, which is to be received.