Understanding Wrongful Death: Key Terms And Definitions
Cases of wrongful death are among the most devastating for individuals and families. The permanence of death affects a decedent’s loved ones for the rest of their lives. When it comes time to seek justice, certain family members can find it in civil court through a wrongful death lawsuit.
Although many have heard of wrongful death, they may not fully understand the terms and definitions associated with it. Fortunately, attorneys handle everything for surviving family members. However, comprehending key terminology and definitions can help claimants and plaintiffs to understand more about the process.
Contact our wrongful death attorneys for assistance today.
Key Wrongful Death Terms And Definitions
Detailed below are many key wrongful death terms and their corresponding definitions. These terms refer to essential aspects of the tort of wrongful death and can be very helpful in the quest to understand wrongful death actions.
Wrongful Death
A wrongful death in Colorado occurs when a person causes the death of another person by a wrongful act, neglect, or default. To give rise to a cause of action, the death must be from an injury that would have given the deceased the right to sue had they survived.
Wrongful Death Lawsuit
A wrongful death lawsuit is a legal action to recover economic and non-economic damages caused by a wrongful death. When certain people lose a loved one, they are entitled to sue but normally do not begin their quest for compensation with a lawsuit. Instead, they file a claim with the liable parties’ appropriate insurance company.
Wrongful death lawsuits differ from what are known as survival actions, which are meant to compensate surviving spouses or family members for damages incurred after the injury but before the death of their loved one.
Negligence
Wrongful death most often results from negligent actions, such as:
- Failure to yield
- Texting while driving
- Medical negligence
- Failure to clean up spills or remove ice
- Negligent security
- Inadequate fire or other safety measures (i.e., lack of fire alarms in hotels)
Negligence can be an act or a failure to act. In every case, it involves a breach of a duty of safety owed to others. Intentional and reckless acts can also form the basis of a wrongful earth claim, such as murder.
Causation
Wrongful death claimants must prove causation, which requires proof that the defendant’s actions caused the death. It’s not enough to prove an unlawful or negligent act. You must also show the act to be the cause of the wrongful death.
Consider a texting driver as an example. If they cause a crash because they are texting, they are likely responsible for any injuries or deaths stemming from the crash.
However, what if a passenger from the car that was hit is killed because they stepped out in traffic while the drivers lawfully exchanged information safely on the side of the road? Is the defendant’s texting the cause of the death?
The Elite Litigation Group at Bachus & Schanker regularly deals with complex causation issues. Defendants often challenge causation to reduce or eliminate their liability. However, Elite Litigation Group holds them fully accountable when the evidence allows.
Damages
Damages are a type of compensation for economic and non-economic losses experienced after a personal injury or wrongful death. For each type of damages for wrongful death claimed, there must be corresponding evidence.
For economic losses, for example, the net compensatory damages of the deceased are calculated, which may involve lost wage calculations present and future. Non-economic damages, such as loss of companionship and grief, are calculated using various industry-standard formulas.
At Bachus & Schanker, we are meticulous in calculating present and future economic and non-economic damages. We understand how much surviving loved ones need and deserve maximum compensation.
Statute Of Limitations
The term “statute of limitations” refers to the time allotted to a legal action. You may be familiar with the term in the criminal sphere. The phrase, “There is no statute of limitations for murder,” is well-known by many. What many may not know is that there are statutes of limitations for civil cases as well.
Whether criminal or civil, once a statute of limitations passes, the right to take legal action in a specific case vanishes under most circumstances.
For most cases in Colorado, the wrongful death statute of limitations is two years. However, if the death occurs as the result of a hit-and-run traffic accident, the statute may be extended to four years.
Certain exceptions allow the statute to be tolled or paused, such as:
- The cause of the death was not reasonably discoverable initially
- The at-fault party concealed facts or evidence relating to their liability for the death
Keep in mind that the sooner you act, the less of a problem the statute of limitations will be. Regardless of when you come to us for help, Elite Litigation Group will work hard to ensure your claim meets the statute of limitations requirements.
Standing
Standing is the authority to engage in a particular legal action. In wrongful death cases, not just anyone has standing to sue for damages. According to the statute, only family members have standing to sue, but not at the same time.
During the first year, the surviving spouse has exclusive standing to sue. They may invite other certain family members to join the suit, but these other family members may not initiate a suit of their own.
If the spouse does not sue within one year, the heirs may bring suit. The children may also do so if there is no current spouse. Additionally, parents may initiate a lawsuit if no spouse or children are in the picture or have not sued within a certain period of time.
Finally, a beneficiary designated by the deceased may also file a wrongful death lawsuit if no other party with standing does so.
Representation For Wrongful Death Lawsuits
The loss of a loved one is the deepest loss most people experience. When owed to a wrongful or unlawful act, the devastation is often greater because the death was avoidable.
At Bachus & Schanker, we stand in for you during this tough time. We put our extensive experience in these matters to work for you. Because of the delicate nature of wrongful death cases, we put our Elite Litigation Group on all wrongful death cases.
This group is formed of our top advocates who tap every available resource and explore every viable avenue to get our clients justice through compensation.
Our founder, Kyle Bachus, is well aware that no amount of money can stop the pain or erase the past. His mother suffered a fatal accident caused by a negligent truck driver. Money could not make everything better, but it helped. He details his family’s struggles in his book Unthinkable.
However, compensation does provide some degree of relief and makes up for financial shortfalls in the present and future. If you have lost someone, the Elite Litigation Group will fight relentlessly to make the liable parties pay for your losses.
Guidance And Counsel In Delicate Matters
Bachus & Schanker help surviving loved ones get justice for those taken from them and compensation for their pain and losses. If you have lost someone, we are ready to listen and help you understand what comes next. Call today for a free consultation with Elite Litigation Group.
