blog home Personal Injury Proving Negligence in a Colorado Wrongful Death Case

Proving Negligence in a Colorado Wrongful Death Case

By Peters & Nolan, LLC on February 20, 2022

A wrongful death claim can be a painful process for the loved ones of the deceased. Colorado has a very particular set of statutory rules for wrongful death claims. The grief process is extremely difficult. It is not uncommon for family members to choose to seek justice for their loved one. Pursuing a wrongful death claim in Colorado may bring some degree of closure, by holding the liable party accountable for their acts. An adept wrongful death attorney can improve your chances of recovering a settlement after the loss of someone you love.

Colorado’s Comparative Negligence Statute

The state of Colorado utilizes modified comparative negligence. What is that? This means that a plaintiff’s damages can be reduced by the percentage of the plaintiff’s responsibility for which they were at fault for the accident. The defendants’ combined negligence must be more than the percentage of the plaintiff’s negligence in order for the plaintiff to be allowed to recover compensatory damages. Does this sound confusing? An experienced attorney will be able to help you wade through the legalese.

Proof of Wrongful Death in Colorado

There are a few things that must be proven in order to win a wrongful death suit. To begin, there must be proof that negligence or an intentional action caused the death of your loved one. In an effort to prove a person or company’s negligence you must be able to show that:

  • The victim was owed a duty of care by the defendant
  • The duty of care was breached by the defendant
  • That breach was the direct cause of the victim’s untimely death
  • The victim’s death was the direct cause for the damages that the suit is trying to recover for the plaintiff

It is important to remember that the proof you provide will support a civil suit not a criminal suit. A Colorado wrongful death lawyer will counsel you through the process and file your wrongful death case in the proper channels.

Is a Fatal Car Accident Considered a Wrongful Death?

There are licensed drivers everywhere with poor driving habits. The most dangerous drivers are the ones who exhibit hazardous and illegal behaviors behind the wheel. Driving under the influence or texting and driving can lead to potentially fatal collisions. If your loved one was killed in an accident where the at fault driver took part in negligent driving practices, you may have a wrongful death case on your hands. Surviving family members should hire an attorney to assess the circumstances of your loved one’s devastating accident.

Hire a Compassionate Colorado Wrongful Death Attorney

Colorado wrongful death claims are complicated. A compassionate attorney can aid you in the process. Expert evaluation will enable your decision to move forward with filing suit. At Peters & Nolan, LLC, we will handle your case with care and precision. With over twenty years of legal experience, we will use our knowledge in the field to get you the compensation you deserve.

Give our office a call at (970) 243-4357 – we guide our clients through this challenging process, with compassion and exceptional legal skill.

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Peters & Nolan, LLC is your ideal source for high quality legal representation throughout the state of Colorado. Known for being personable and responsive, attorneys Andrew J. Peters and Andrew Nolan are aggressive trial lawyers with an excellent record of trying and settling cases in criminal defense, DUI/DWAI and personal injury.

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