Wrongful Death
Attorneys in Aurora, Colorado

Proving Negligence

Negligence is the failure to use reasonable care which results in harm to another person. Proving negligence only matters if your case goes to court. Most of the time these types of lawsuits are settled out of court, but if yours isn’t, there are a few things you need to know. 

If you go to court, there are three main things that need to be proven or provided to show negligence. These three elements include a duty of care, the breach of duty of care, and the cause of death. 

• Duty of care is an obligation that you would need to prove the other party had. For example, in a car accident, it is widely regarded that the other party had an obligation to drive sober, carefully, and obey traffic laws.
• A breach of duty of care shows that the above did not happen. For example, the fictional driver discussed drove impaired or distracted or ran a red light. Any of those actions would show a breach of duty of care. 
• For the cause of death, you would need to prove that the breach of duty of care is what caused the death of your loved one. For example, if the other party ran a red light and hit the deceased, that would be a possible breach of duty of care that might have led to the death. This creates a strong case. 

Finding this information should be easy if you have a police report and a death certificate. The cause of the accident should be on the police report, and the cause of death should be on the death certificate. The duty of care is something that a lawyer can help you determine. Even if you do not have this information it is still worth contacting an attorney to better know your options.

What Damages Will Compensation Cover?

The loss of a loved one leaves a big hole in your life, in more ways than one. Sudden death does not give the family any time to prepare for the costs that come with death. This is where compensation comes in. There are several things that compensation from a wrongful death suit may cover, a few of which are: 

• Medical costs
• Funeral and burial costs
• Loss of love and companionship
• Loss of income 

There is more that may be included to be covered with your case. Every situation is different. The court is aware of that, and your case will be treated accordingly.

At Gama Law Firm, taking care of you and your family is our first concern. From there we will fight for you either in court or in settlement negotiations. Losing a loved one before their time is something far too many people go through, but if you have the option to get some justice and ease the financial burden, it is a course you should consider pursuing.