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A wrongful death claim is a legal action brought by the surviving family members or representatives of a deceased individual against a party whose negligence or wrongful conduct led to the death. These claims seek compensation for the losses and damages suffered due to the untimely death of a loved one. Here’s a comprehensive guide, with insights from a Denver attorney, on what a wrongful death claim entails.

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Elements of a Wrongful Death Claim

In a wrongful death claim, certain elements must be established to prove liability and seek compensation. These elements typically include:

  • Duty of Care: The defendant (the party being sued) owed a duty of care to the deceased person. For example, in a car accident case, all drivers owe a duty to operate their vehicles safely.
  • Breach of Duty: The defendant breached that duty of care through negligent or wrongful actions. This could include reckless driving, medical malpractice, or unsafe premises maintenance.
  • Causation: The defendant’s breach of duty directly caused the death of the individual.
  • Damages: The surviving family members or representatives suffered damages as a result of the death, such as medical expenses, funeral costs, loss of income, and emotional pain and suffering.


Learn more information on what constitutes a personal injury claim. 

Types of Wrongful Death Cases

Wrongful death claims can arise from various situations, including:

  • Car Accidents: Negligent or reckless driving leading to a fatal collision.
  • Medical Malpractice: Errors or negligence by healthcare professionals resulting in a patient’s death.
  • Product Liability: Defective products causing fatal injuries.
  • Workplace Accidents: Occupational hazards leading to fatal injuries.
  • Premises Liability: Unsafe conditions on a property causing a fatal accident, such as slip and fall incidents.


Compensation in Wrongful Death Claims

Compensation in wrongful death claims can cover various losses and damages, including:

  • Funeral and Burial Expenses
  • Medical Bills
  • Lost Income and Benefits
  • Loss of Companionship and Support
  • Emotional Distress

Why You Need a Denver Personal Injury Attorney

Navigating a wrongful death claim can be emotionally challenging and legally complex. A Denver personal injury attorney experienced in wrongful death cases can provide invaluable assistance. They can assess the circumstances of the death, gather evidence, negotiate with insurance companies, and represent you in court if necessary. Having legal representation ensures that your rights are protected and that you receive fair compensation for your losses.

A wrongful death claim seeks justice for the loss of a loved one due to someone else’s negligence or wrongful actions. If you believe you have a wrongful death claim, don’t hesitate to consult with a Denver attorney at Prager Law. They can guide you through the legal process, advocate for your rights, and help you seek the compensation you deserve.


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