Defenses in Wrongful Death Lawsuits

Losing a family member in a preventable accident is a terrible experience in itself, but the legal process can add to your stress if the accused party or defendant attempts to challenge liability. If you wish to seek justice and fair compensation as the family member of a deceased accident victim in Colorado, you may need to hire a personal injury attorney in Denver to help you counter common defenses.

Administrative Errors

The defendant – or, more likely, the defendant’s attorney – may try to defend against responsibility for a fatal accident by arguing that the plaintiff or filing party made various administrative errors that invalidate the claim. Examples include:

• Missed statute of limitations or deadline for filing (two years in Colorado)
• Mistakes made on claim paperwork
• Failure to mitigate damages (e.g., delayed medical care)
• Inaccurate information on the claim
• Not reporting the accident promptly

You can reduce the odds of encountering these defenses by ensuring your claim is filed correctly and on time. A wrongful death lawyer in Denver can take over confusing legal processes for you, including filling out the required paperwork, filing it before the deadline and helping you avoid common mistakes.

Lack of Duty Owed

Proving a wrongful death case requires evidence that the defendant was negligent, or failed to act with ordinary care based on the circumstances. The four elements of negligence are duty of care, breach of duty, causation and damages. There must be proof that the defendant owed the deceased person a legal obligation to act with proper care but did not meet this duty.

A common defense to liability in a wrongful death claim is that the defendant did not owe a duty of care to the deceased person. The defendant may argue that they were not legally required to act with reasonable care to prevent the death. Countering this defense requires evidence that a duty of care did exist under the conditions or based on the relationship between the two parties.

No Causation

It is not enough to show that the defendant acted or behaved negligently; there must also be proof of causation, or a connection between the defendant’s actions and the deceased person’s fatal injury or illness. 

Defendants may try to avoid liability in wrongful death claims by stating that the death was caused by something other than their actions, such as a victim dying of a pre-existing condition or disease diagnosed prior to the incident.

Comparative Negligence

The comparative negligence defense argues that the deceased person did something that contributed to his or her own death. Examples include violating a traffic law, choosing to participate in a known dangerous activity or engaging in illegal acts. 

Under Colorado’s comparative negligence law, if the decedent is found to have contributed to the fatal accident, the financial recovery awarded to heirs will be reduced by the decedent’s percentage of fault. If the deceased person is found to be 50 percent or more to blame, however, a beneficiary’s right to recover compensation will be barred completely.

How Can a Wrongful Death Lawyer Help?

Contacting an experienced wrongful death attorney can give your family everything necessary to counter common defenses and maximize your payout. While no amount of money could ever replace your loved one, fair compensation can hold a defendant accountable and help your family move forward with greater peace of mind. 

Knowing how to respond to common defenses can greatly increase your odds of a successful wrongful death case. For more information, contact a wrongful death attorney at Fang Accident Lawyers for a free consultation.