Common Liability Disputes After a Wrongful Death

If you attempt to pursue financial compensation for the death of a loved one in Colorado, expect to encounter liability disputes from the other side of the case. These are common in wrongful death cases, as defendants wish to minimize their degree of fault for the death. Liability disputes are best handled by a Denver wrongful death attorney, who can help you counter arguments and secure the case results your family deserves.

Shifting the Blame to Others

If your wrongful death claim involves multiple defendants, one may attempt to shift the blame to the others to protect themselves from liability. If your loved one died in a fatal car accident in Denver involving multiple drivers, for instance, each driver’s car insurance company may try to point the finger at each other. This can lead to frustrating claim delays.

Disputing the Cause of Death

To win a wrongful death claim against a defendant, the plaintiff must show that the defendant’s action or failure to act was the direct or proximate cause of the victim’s death. To dispute liability, the defendant may argue the cause of death, blaming it instead on pre-existing medical conditions or an act of God.

Expired Statute of Limitations

Administrative errors can get in the way of seeking justice during any type of legal claim. One common example is the statute of limitations, or the legal deadline for filing a wrongful death claim. 

In Colorado, this deadline is two years from the date of the decedent’s death (Colo. Rev. Stat. § 13-80-102). A defendant or insurance company may try to argue that the statute of limitations has expired, forfeiting the family’s right to file a claim.

The Deceased Person’s Comparative Negligence 

The comparative negligence or fault law in Colorado can diminish an accident victim’s payout in a civil claim by assigning partial fault to the victim. This is a common defense in wrongful death claims, as the deceased person is not around to defend himself or herself. 

The defendant may try to blame the deceased person for alleged illegal activities or reckless behaviors. If the court agrees that the decedent was partially at fault, the damages awarded can be reduced by an equivalent percentage.

Assumption of Risk

If a wrongful death claim involves a dangerous recreational activity, such as rock climbing or skydiving, a defendant may use the assumption of risk defense to dispute liability. The defendant may argue that the individual knew he or she was engaging in risky behavior, and is therefore accountable for associated injuries. If the decedent signed a liability waiver prior to engaging in the dangerous activity, this could make it more difficult to recover compensation.

Self-Defense or Defense of Others

Self-defense or defense of others may arise as part of a liability dispute if the deceased person was killed by the defendant, such as with a dangerous instrument or deadly weapon. In this situation, defendants may argue that their actions were a result of protecting themselves or others from harm posed by the deceased person. The success of this argument will depend on whether the use of deadly force was reasonable based on the circumstances.

How Can a Wrongful Death Lawyer Help You Counter Common Liability Disputes?

Losing a loved one in an unexpected tragedy can turn your life upside-down. If the at-fault party is denying liability for your loved one’s death, you may need assistance from an attorney to get the justice you need. Fang Accident Lawyers can give you the best chance at successfully holding someone responsible for a preventable death. Contact us today for a free consultation with an attorney.