A person checks into a hospital for surgery, and the surgery does not go well because the surgeon has made a terrible error. If the person dies, this could end up being a wrongful death lawsuit and the deceased person’s loved one may have a good case. There is a wrongful death attorney in Fort Collins, Colorado who helps clients whose loved one has succumbed at the hands of another person. Here is information that a potential client may need to understand about the laws of wrongful death lawsuits in Colorado.
Understanding the Laws of Personal Injury
When pursuing a wrongful death lawsuit, a plaintiff is filing what is known as a personal injury lawsuit, and there are facts the plaintiff needs to be aware of. For example, in Colorado, a plaintiff has two years from the date of the wrongful death or any other personal injury, to file the lawsuit in a civil court. If the lawsuit is not filed in that time period, any chances of the case being heard is gone. The plaintiff will also forfeit any opportunity to be awarded damages.
More Things to Understand
Since insurance companies are not in the habit of easily wanting to pay off a claim, they may actually look for a way to prove that the deceased person contributed to their demise. If this is the case, Colorado employs what is known as the modified comparative fault rule. This means that if it can be proven that the deceased person contributed to 50% or more for their demise (such as not making the surgeon aware of certain allergies) no damages will be awarded.
Getting an Attorney
It would be a travesty for a plaintiff to not be awarded damages based on a technicality, which is why hiring an experienced attorney is just about inevitable. The Law Offices of Burton & Burton have been providing the personal injury solutions of clients in the Fort Collins, Colorado area for more than 55 years. If a person is looking for a wrongful death attorney in Fort Collins, Colorado, this firm is available.