Losing a loved one is always tragic. However, losing a loved one due to a defective or dangerous product seems so senseless and can make you feel devastated, angry, and helpless.
You do not need to face this challenge alone. Lean on our Denver wrongful death attorneys‘ strength and let us help guide you during this heart-breaking time.
At Dan Caplis Law we have decades of experience successfully representing clients with wrongful death claims throughout Denver and the surrounding areas. We share your values and will handle your case with integrity and compassion.
We only practice personal injury law and have been extremely successful in getting maximum results for our clients. We want to put our world-class law firm to work for you.
If you have lost a loved one due to a defective product, schedule your free consultation today. Give us a call at (303) 770-5551 or go to our contact page. We will sit down with you, answer your questions, and explain your rights.
What is a Denver Wrongful Death Claim?
Wrongful death is when a person dies due to the negligence or wrongful act of another party. If the person had not died from their injuries, they would be able to bring a personal injury claim against the wrongful party.
In a wrongful death case, specific surviving loved ones have the right to bring a claim against the responsible party. They may be entitled to receive compensation for economic and non-economic damages.
In Colorado, only certain family members or designated beneficiaries have the right to bring a wrongful death action. Generally, the surviving spouse has the sole right to bring a claim in the first year after death.
In the second year, the surviving children can bring a claim. If there is no surviving spouse and no children, then the deceased’s parents can bring a claim. A designated beneficiary may also have the right to bring a claim.
The parties having the right to bring a claim can depend on various circumstances. You need to speak with an experienced Denver product liability wrongful death attorney to determine your rights.
What is a Denver Survival Action?
If your loved one did not die right away from their injuries, their estate may be able to bring a survival action in addition to your wrongful death action. A survival action allows you to recover damages the decedent sustained before their death.
In Colorado, you can file both a wrongful death claim and a survival action against the same defendant. A qualified Denver wrongful death lawyer can evaluate your case and determine whether you have the right to bring a survival action.
What is a Denver Product Liability Claim?
Manufacturers are required to make products that meet the ordinary expectations of consumers. If a product is defective or dangerous, it does not meet that standard, and if a person is injured or killed because of the defective product, they, or their loved ones, have a right to file a claim to recover damages.
In product liability cases, multiple parties could have responsibility for the injuries caused by a product. Fault is determined by investigating what was the specific defect and how it occurred.
Product defects are generally broken down into three types. They are:
- Design defects. Before a product can be manufactured, it must first be designed. In the design phase, tests must be run to be sure the product is not dangerous and that it performs as it should. A design defect of a product could lead to a class-action lawsuit because if the design is defective then all of the products are likely to be defective.
- Manufacturing defects. After the design phase, the product is manufactured. The manufacturer also runs tests to ensure the product is being made correctly and with the right materials. When those tests are not performed properly, the product may be made with dangerous defects. Unlike design defects, manufacturing defects usually only impact a small number of the total products made. Fatal accidents that can result from manufacturing defects are car accidents and bicycle accidents.
- Marketing defects. The marketing team must ensure that consumers are properly instructed on how to safely use the product. They must also provide warnings about any potential dangers of the product. If the marketing team fails to properly instruct or warn the consumer, they could be liable for any injuries caused. This type of defect can also lead to class-action lawsuits because it affects all the products.
Determining how the product was defective and what caused it to be defective is not an easy task. Additionally, multiple parties could be liable for this type of wrongful death claim.
These cases are usually complex. You need the representation of a Denver product liability wrongful death attorney with the resources and experience to hold all liable parties responsible and to get you the maximum compensation you deserve.
How Our Denver Product Liability Wrongful Death Lawyers Can Help
Wrongful death product liability cases can be complex. You need to be represented by a law firm experienced in successfully handling Denver product liability wrongful death cases.
We understand that no amount of money can compensate for the loss of your loved one. However, we know that monetary awards can help ease the burdens caused by the death of your loved one.
At Dan Caplis Law, we have achieved record-setting results for our clients and we are here to win big for you! Give us a call today at (303) 770-5551 or go to our contact page to schedule a free consultation.