If you believe that an individual or entity is responsible for the death of a loved one, you can bring about a wrongful death lawsuit. This is a civil suit, and the burden of proof lies with the plaintiff, not the defendant. Of course, you won’t have to prove your case on your own. Your Boulder wrongful death attorney will fight for the victim’s rights every step of the way. To do that, your attorney will need to make three points. Properly making these three points is critical to the success of the case.
Point 1 – Establish the Duty of Care
First, the Boulder wrongful death attorney must establish the duty of care. This essentially means that the lawyer must prove that the defendant was responsible for certain actions that were necessary for the care of the victim. For example, a registered nurse is responsible for the proper administration of medications. That is the nurse’s duty of care. This must be established to make a wrongful death case.
Point 2 – Prove a Breach in the Duty of Care
After the duty of care has been established, your Boulder wrongful death attorney will need to prove it was breached in some way. Go back to the example with the nurse. If that nurse administered the wrong dosage or the wrong medication, he or she breached the duty of care. The nurse didn’t exhibit the level of diligence necessary to care for a patient. Because of that, he or she went outside of the approved course of treatment and put the patient’s life on the line.
Point 3 – Confirm the Causation
Remember, the burden of proof lies with the plaintiff, so your attorney must prove causation. He or she must prove that the breach in duty of care directly caused the death. If your attorney can prove causation, you can move forward with a wrongful death case.
Choosing Your Boulder Wrongful Death Attorney
As you can see, there is a lot involved in a wrongful death case, so you need the best attorney by your side, fighting for your rights. There are a few things to keep in mind before hiring a Boulder wrongful death attorney.
Some people choose an attorney just because they saw a commercial on TV, but that’s a mistake. As enticing as those commercials are, it’s important to dig a little deeper before making such a big decision. Get a recommendation from a friend or co-worker. Also, read online reviews to make sure the attorney has what it takes to handle your case.
Speaking of handling your case, only choose a Boulder wrongful death attorney who has worked on these types of cases before. You need a specialist on your side, so this is critical.
Book a Free Consultation
Once you come up with a few attorneys you like, schedule free consultations with them. Take the time to go over your case with each attorney and get feedback. If one of the attorneys promises a certain outcome, go with someone else. Your attorney can promise to fight for you. That’s the only guarantee he or she can make.
Contact the Fang Law Firm Today
The Fang Law Firm has experience in wrongful death suits and is here to help you. While we can’t promise what the outcome will be, we can assure you that we will fight as hard as possible for you and your loved one. From gathering evidence to interviewing witnesses, we will not rest while we are working on your case. Contact us to schedule a free consultation today.