Investigating a wrongful death case in Colorado, like in any other jurisdiction, is a crucial step in seeking justice and compensation for the deceased person's family. Wrongful death investigations aim to establish liability, gather evidence, and build a strong case to prove that the death occurred as a result of another party's negligence or wrongful actions. Here are the key steps involved in conducting a wrongful death investigation in Colorado:
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Retain Legal Representation:
- Before beginning any investigation, it is essential to consult with an experienced wrongful death attorney in Colorado. A qualified attorney will guide you through the legal process, ensure that your rights are protected, and help you determine if you have a valid case.
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Preserve Evidence:
- The preservation of evidence is critical in any wrongful death case. This includes securing physical evidence, photographs, video footage, accident reports, and any relevant documents. Preservation prevents tampering and ensures the integrity of the evidence.
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Identify Witnesses:
- Locate and interview witnesses who may have seen the incident leading to the wrongful death. Eyewitness accounts can provide valuable insights into the circumstances surrounding the incident.
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Obtain Expert Opinions:
- Depending on the nature of the case, it may be necessary to consult with experts such as accident reconstruction specialists, medical experts, or forensic experts to analyze the evidence and establish causation.
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Review Medical Records:
- Obtain and review the deceased person's medical records to understand the extent of injuries or illnesses, as well as any treatment received prior to their death.
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Collect Documentation:
- Gather all relevant documents, including police reports, incident reports, insurance records, and any written communications that may be pertinent to the case.
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Interview Relevant Parties:
- Interview the parties involved, including the at-fault party (if possible) and any individuals who may have information related to the incident.
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Examine Safety Regulations:
- If applicable, review safety regulations and industry standards to determine if the responsible party violated any laws or regulations.
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Document Damages:
- Assess the financial and emotional impact of the wrongful death on the surviving family members. This includes calculating economic damages (such as medical expenses, funeral costs, and lost wages) and non-economic damages (like pain and suffering, loss of companionship, and emotional distress).
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Negotiation and Litigation:
- Your attorney will work with you to negotiate with the at-fault party's insurance company or pursue legal action in court, if necessary, to seek compensation for the damages suffered.
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Statute of Limitations:
- Be mindful of Colorado's statute of limitations, which generally sets a two-year deadline for filing a wrongful death lawsuit. Missing this deadline can result in the case being dismissed.
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Settlement or Trial:
- Depending on the strength of the evidence and the willingness of the opposing party to settle, the case may either be resolved through a settlement agreement or proceed to trial.
A thorough and well-documented wrongful death investigation is essential for building a compelling case in Colorado. Working closely with an experienced attorney who specializes in wrongful death cases is crucial to ensure that the investigation is conducted effectively and within the bounds of the law. Ultimately, the goal of a wrongful death investigation in Colorado is to hold the responsible party accountable and provide compensation to the surviving family members for their losses and suffering.
CONTACT A WRONGFUL DEATH ATTORNEY IN COLORADO TODAY
At Hagen Nares PLLC, we have successfully represented clients who have been killed at no-fault of their own. We understand the laws established by the State of Colorado as well as federal law and will make sure that each party who is liable is held accountable. You don't have to face this alone–call 720-772-8513 today to schedule Free Consultation.