What Role Does Negligence Play In Wrongful Death Lawsuits?

The death of a loved one is always tragic, but as Kyle Bachus writes in his book, Unthinkable, death by negligence can often be even more devastating. If your loved one suffers a fatal injury because a person, company, or other entity was negligent, you may be able to recover compensation through a wrongful death lawsuit.

However, just like with a personal injury lawsuit, proving negligence in a wrongful death lawsuit is essential for a successful outcome. Here’s what to know about proving the other party’s negligence, and how any negligence on your loved one’s part may impact the outcome of your case.

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Understanding Wrongful Death: What You Need To Know

If you suffer an injury because someone acted irresponsibly, or set out to intentionally harm you, you may be able to file a personal injury lawsuit. Likewise, if a death occurs due to negligence, or intentional actions of another, the deceased person’s surviving family members may be able to file a wrongful death lawsuit. 

Some people may see filing a wrongful death lawsuit as an attempt to “cash in” on a tragic event. However, if you’ve lost a loved one, you know that it’s anything but. In addition to the pain and suffering that come with a sudden and unjust loss, you’re also grappling with many other challenges, such as:

• Medical bills incurred before your loved one’s death
• The cost of a funeral
• Cremation or burial expenses
• Loss of financial support

Wrongful death lawsuits aren’t about money — they’re about holding responsible parties accountable, and securing the compensation you need to support your family during an incredibly challenging time.

What Is Negligence in Wrongful Death Cases?

Wrongful death lawsuits can be filed if your loved one’s death was caused by intentional actions or negligence. However, most wrongful death lawsuits are filed because of negligence.

In a wrongful death case, negligence can mean a wrongful action, or a failure to act. Colorado and Wyoming state laws outline what constitutes negligence in more detail. Under the Colorado wrongful death statute, you may be able to recover compensation if your loved one’s death was caused by any of the following:

• Another person’s actions
• Another person’s failure to act
• Another person’s omission

The statute specifies that if your loved one could have filed a personal injury lawsuit, and recovered damages if they had lived, the responsible person or corporation could still be liable for damages just as they would have been. Wyoming’s wrongful death statute is similar.

The Legal Process: Proving Negligence in Court

In order to have a successful wrongful death claim, your attorney must be able to prove the elements of negligence in court:

• The responsible party owed a duty of care to the deceased.
• They violated that duty of care.
• Their breach of duty of care directly caused the death.
• As a result, the deceased person’s family has damages to collect.

In some cases, these elements are easier to prove than it might seem. For example, imagine you have lost a loved one to a driver who was speeding and ran a stoplight. All drivers owe each other a basic duty of care — to obey traffic laws and remain alert. The at-fault driver violated that duty of care both by speeding and disregarding a red light.

If your loved one was lawfully driving through the intersection when the at-fault driver hit them, it’s clear that the driver’s breach of duty directly caused their injuries, and subsequent death. Because you have lost a family member and have medical, burial, and other expenses, you have damages to collect.

Compensation in Wrongful Death Claims: How Negligence Affects Awards

Both Colorado and Wyoming allow surviving family members of wrongful death victims to collect more compensation than they could in some other states. However, as is the case with personal injury lawsuits, compensation may be reduced if the deceased person was partially at fault.

Under Colorado negligence law, the family of a deceased person may still seek compensation if the deceased person’s negligence contributed to their death. However, there are two important conditions:

• They may only seek compensation if the deceased’s degree of fault was not greater than or equal to the fault of the other party.
• If the deceased was partially at fault, their compensation will be reduced by the percentage of fault.

For example, imagine that your loved one was badly injured in a car accident, and later died of their injuries. A court finds that your loved one was 20% at fault, and the other driver was 80% at fault. The jury awards your family $1 million in damages, but because that amount must be reduced by your loved one’s percentage of fault, you ultimately receive $800,000.

Wyoming negligence law is very similar to Colorado negligence law. You may seek compensation if your deceased loved one’s degree of fault was 50% or less, and your damages will be reduced in proportion to their fault.

Defending Against Negligence: Common Legal Challenges

In any wrongful death case, your attorney will attempt to prove the responsible party’s negligence. However, the at-fault person, or other entity, will likely have strong legal representation as well. They may raise defenses like these:

• Your loved one was more at fault.
• Your loved one assumed risk, or should have known there was a risk of death.
• The defendant was exercising reasonable care.
• Your loved one’s death wasn’t directly caused by the plaintiff’s actions.

Experienced wrongful death lawyers are very familiar with the kinds of arguments the other side may raise, and they will typically plan rebuttal strategies ahead of time.

Why You Need Experienced Attorneys for a Wrongful Death Case

Technically, you may be able to file a lawsuit on your own. However, a wrongful death lawyer can help you through every step of this process by:

• Explaining how a wrongful death lawsuit works
• Investigating the circumstances of your loved one’s death
• Gathering evidence
• Creating a strong argument
• Negotiating with insurance companies
• Representing you in court if your case goes to trial

In virtually every case, you are likely to secure greater compensation with the help of a lawyer than if you pursued a case yourself. Additionally, when your attorney can handle your case for you, you and your family can take the time you need to grieve.

Next Steps: Contact Bachus & Schanker for a Free Consultation

If you have unfortunately lost a loved one, doing anything more than getting through the day may feel next to impossible. However, if you can reach out to the wrongful death lawyers at Bachus & Schanker, we, alongside our Victim’s Advocates team, are prepared to fight for justice on your family’s behalf.

We are dedicated to the success of our clients, and our results speak for themselves — we have recovered over $1 billion in compensation and counting. Contact us today for a free consultation.