Coping up with grief is a tormenting experience. Especially when you end up losing someone because of someone else’s negligence or wilful acts. The statistics of wrongful deaths hike every year in America. Medical malpractice, the leading cause of wrongful deaths, has resulted in over 90,000 deaths each year.
The alarming numbers are on the rise due to unsafe premises and motor vehicle fatalities. Colorado alone witnessed traffic deaths of almost 12 people per 100,000 as of 2017. On January 19th, The Dever post reported a 50% increase in traffic accidents. This indicates the need for Wrongful death attorneys and Accident attorney Denver, CO and calls for raising legal awareness amongst residents of such areas.
Wrongful Death And Claims
The Colorado Law defines Wrongful death as a death caused by or default of another person or entity. Time is a significant factor in these cases. Due to the Statute of Limitation, there are deadlines for such claims. These claims must be filed within two years of the decedent’s death. However, in hit and run cases, the wrongful death can be claimed within the four years of the decedent’s death.
Spouses, heirs or designated beneficiaries usually bring such claims. Carrying these claims will also help the victims’ families recover damages vital for their survival. A bereaved may find it strenuous to establish liability in several cases. But a wrongful death claim should be raised when the death is caused due to the following reasons:
Medical Malpractice Medical malpractice in America accounts for a fair majority of Wrongful death claims in America. From misdiagnosis to surgery errors, one-third of American physicians have been sued over medical malpractice, according to an AMA survey in 2016. Medical Malpractice occurs due to medical negligence of healthcare professionals.
Several cases where medical professionals have performed surgery under the influence of drugs/alcohol have cost lives. Failure to provide the appropriate standard of care per the medical standards is also a cause for such claims. A wrongful death attorney can better identify the situation’s gravity and recover damages.
- Accidents: A report by the Denver Post reported 672 deaths for the previous year. In the past decade, the state’s traffic deaths mounting by over 50% calls for a thorough investigation to bring the victims and their families to justice. This indicates rising claims that must reach Car Accident Attorney Denver. In approaching a car accident attorney, one can establish liability through traffic rules and guidelines. These accidents arise due to violations of detailed traffic rules drafted for pedestrians, drivers, and bikers.
- Intentional Acts: We’re all well aware of the controversial O.J Simpson case, where he was accused of the wrongful death of Nicole Brown and Ronald Goldman. With over 150 witnesses in this 8-month trial, this case has been much publicized. However, with the correct attorney, one can seek damages under Wrongful death claims. Appropriate evidence that portrays the intent behind the wrongful act can be proven. Nevertheless, wrongful deaths and survival acts are treated differently under the law. This is because a wrongful death results from a tortious injury that leads to someone’s death. At the same time, a survival action is an action that survives the plaintiff’s death.
Damages
An attorney can provide end-to-end assistance in such situations. Their expertise can help the victim’s family recover Economic and Noneconomic damages.
- The Economic damages may include medical bills, funeral bills, wages/ compensations that the deceased was likely to earn, etc. These losses are associated with death.
- Noneconomic damages include compensation for pain, suffering, and emotional distress. In the light of current events, states like Colorado have raised the amount for Noneconomic damages to $613,760.
If found guilty, the defendant must cover these damages. While pursuing such critical cases, general awareness of compensations must be known to the plaintiff. Losing a loved one is emotionally, mentally, and financially disruptive for the deceased’s closed one. Thereupon, coverage of essential expenses and compensation can help the plaintiffs survive. With the help of a professional Wrongful Death Attorney Denver assessing the damages could lessen the burden on the plaintiffs.
Death caused due to misconduct or negligence of any individual, or an entity entitles the bereaved with precise compensation. Considering the multiple cases of medical negligence and motor vehicle fatalities in America, it is crucial to educate the masses about this national concern to take the necessary legal actions.
