If you believe 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, which is why you should avoid attempting to file a wrongful death suit without the help of a lawyer.
Point 1 – Establish the Duty of Care
First, the Boulder wrongful death attorney you hire must establish the duty of care. This essentially means that the lawyer must prove that the defendant was responsible for certain actions 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. An experienced attorney should have no problem establishing the duty of care since they will have done so before in other similar situations.
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. The proof of causation will likely require some sort of medical records, such as a report from time in the hospital before your loved one passed away or something like an autopsy report.
Wrongful Death Is Not Always as Expected
Wrongful death cases can occur in a range of situations, so do not hesitate to contact a lawyer because you do not think you have a case. A Boulder accident attorney will help you determine whether or not the above three points apply in your situation and you should proceed. Just some of the situations that can lead to wrongful death cases can include deaths at:
- Nursing homes
- Construction sites
- Premises with liability
- Vehicle accidents
- Medical malpractice
- Playgrounds or daycare
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 because they saw a commercial on TV. This is 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. You want a lawyer who spends their time and effort on their cases – not their marketing and advertisement plans.
Reviews are your best indication that your chosen Boulder accident attorney can help you get a favorable outcome and remain professional throughout the entire experience. Reviews of good wrongful death lawyers will indicate compassion and perseverance to help you complete the case with the result that you want.
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. Every subset of law has its own unique quirks and only an attorney with experience in wrongful death cases will be familiar with the minute details in requirements when it comes to the burden of proof.
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. Take any other guarantees as a red flag and false advertisement.
Understand Potential Damages
During your consultation with a Boulder accident lawyer, you will discuss the potential damages that you could receive based on your situation, in addition to other things such as why you have a case. For wrongful death actions, there are two main damage types. Economic damages are compensation for any monetary losses or expenses due to the negligence that caused the death. This includes the cost of the medical care, lost earnings, and funeral expenses. The non-economic damages refer to money awarded to compensate for non-monetary losses that the plaintiff experienced, such as physical pain and suffering and the inability to enjoy life without the loved one.
The process of determining potential damages that you will receive is complicated, but your attorney should be able to provide some guidance. You may receive just and reasonable compensation to cover the loss of life, but there is no specific method of calculating this. Our team will always work with you to maximize the compensation you receive.
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.