How Do I File a Wrongful Death Claim? | Denver Injury Lawyers
If someone you love was killed because of the negligence of another, it may be appropriate to file a wrongful death claim. Claims for wrongful death are filed in many situations, such as motor vehicle accidents, assault and battery claims, medical malpractice incidents, and other situations where someone has died due to another individual’s reckless behavior.
To learn more about your legal options, call the Denver wrongful death attorneys of Zinda Law Group at 800-863-5312 for a free consultation.
Do You Have Standing to File a Wrongful Death Claim?
Only certain individuals may file a wrongful death claim on behalf of the deceased. For example, many wrongful death claims are filed by the surviving spouses and children of the deceased. Friends and other relatives may not be eligible to file a wrongful death claim. An experienced wrongful death attorney can help you determine which loved ones are able to file these cases.
Does My Case Have the Necessary Elements of a Wrongful Death Claim?
Generally, a wrongful death claim must include the following elements:
- A death;
- The cause of death was the negligence of another individual, or that individual’s intent to hurt the deceased; and
- Surviving family members who have suffered damages due to the death of the deceased.
Without one of these elements, the claim will fail. Each element must be presented in a wrongful death claim in order for surviving family members to recover damages from the defendant.
How to File a Wrongful Death Claim
To file a wrongful death claim, it is in your best interest to first consult with a wrongful death attorney. After gathering evidence and discussing the case, your lawyer will file a document called a “complaint.” The complaint will lay out all of the allegations against the defendant. For example, if your loved one was killed in a drunk driving accident, the complaint may allege that the defendant was drinking at the time of the accident and caused the wreck, which ultimately killed your loved one.
The defendant then has a specified amount of time to file an answer in response to the complaint. The answer generally admits or denies the allegations within the complaint.
Once the complaint and answer have been filed, the case proceeds. The parties exchange evidence, which is called “discovery.” Your attorney will carefully study this evidence to see if it strengthens or weakens any of your claims in the case. Your attorney will also present evidence that supports your claims.
Why Hire a Wrongful Death Attorney?
Wrongful death claims are stressful for surviving family members, who essentially must relive the tragic loss of a loved one and learn just how much the victim may have suffered before dying. Such an experience is painful and traumatic enough without attempting to navigate the complex legal system. In a wrongful death claim, there are numerous deadlines and requirements that must be met; otherwise, the case may be dismissed.
Wrongful death attorneys handle the legal aspects of a claim while family members attempt to move forward from their loss. These attorneys ensure that all legal requirements are met in the case so that the survivors’ rights are protected. The experience of a wrongful death attorney in one of these claims is a valuable asset that greatly improves the odds of recovering damages.
Our Denver Wrongful Death Lawyers Can Help
At Zinda Law Group, our experienced Denver personal injury attorneys have assisted many families after the loss of a loved one, and we have the knowledge and resources to help you seek recovery for damages resulting from a wrongful death, including medical and funeral expenses, loss of income, pain and suffering, and more.
Call us today at 800-863-5312 for a free consultation with one of our Denver wrongful death lawyers. Meetings with attorneys by appointment only.