What are Unintentional Death Claims?

Hungarian cemetery in the autumn - outdoor photography | Unintentional Death Claims

According to the CDC, unintentional injuries made up about 3-6 percent of the total number of fatalities in 2013. Although classified as “unintentional,” by the CDC, these fatalities are often the result of the negligence of another. Examples of unintentional death claims include automobile accidents, slip and fall accidents, motorcycle accidents, pedestrian accidents, and medical errors.

If the death of your loved one was due to the negligence of another, you should consider speaking to a wrongful death attorney. Your Fort Collins wrongful death attorney can look at every aspect of your loved one’s death, then help you make the determination as to whether you should file a wrongful death lawsuit. As your attorney will tell you, the following must be shown in order for your case to be successful:

  • It must first be shown the defendant owed what is known as a “duty of care.” This means there was an obligation to do a specific thing which would have kept the decedent safe. This can work in the reverse, in that there was an obligation on the part of the defendant to not do a specific thing which led to harm.
  • Once it is established there was a duty of due care, it must be shown the defendant breached that duty. If the defendant did something (or failed to do something) a reasonable person, under the same circumstances, would not have done, then there was likely a breach of duty of due care.
  • Proving causation comes next—your attorney must be able to prove the breach of duty was the cause of the decedent’s harm.
  • In most negligence cases, in addition to breach of duty and causation, it must be shown there were actual damages. In a wrongful death case, however, damages are obviously presumed due to the death of your loved one.

Further Reading: Top Three Main Causes of Car Accidents

Wrongful death claims are not always easy. In fact, they can often be very difficult and they may take a considerable amount of time to resolve. As such, it is important to choose a law firm that has experience successfully representing families in wrongful death claims against negligent individuals, companies, and corporations. In some cases, there may even be multiple parties responsible for your loved ones’ death.

Contact Our Fort Collins Wrongful Death Attorneys

Fort Collins Personal Injury Attorney Timms FowlerIf your loved one was killed because of another person’s negligence or carelessness, you and your family may be eligible to file a wrongful death claim. While no amount of compensation could ever replace the loss of your loved one, your family should not have to suffer financial burden because of it. Call the Fowler Law Firm today at (970) 232-3322 to find out how we can use our legal experience to help you and your family recover maximum compensation and hold the negligent parties responsible.

 

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The Fowler Law Firm, LLC

Timms Fowler
Tel: 970.232.3322
The Fowler Law Firm, LLC
155 East Boardwalk Drive, Suite 300
Fort Collins, CO 80525
US
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