Your Colorado Wrongful Death Lawyers

Understanding Wrongful Death Law

Wrongful death is a legal term that refers to a death caused by someone else's negligent action, failure to act, or criminal misconduct. It is a civil lawsuit that seeks monetary compensation for the deceased's family. Wrongful death can result from various events, including car accidents, product liability, and premises liability, often involving a fatal accident. The goal of filing a wrongful death claim is to hold the responsible party accountable for their actions and provide financial support to the surviving family.

Why You Need an Expert Injury Attorney for Your Wrongful Death Case

Even when an individual is not found criminally responsible for the death of an individual, a wrongful death lawyer can help hold them accountable through an untimely death personal injury claim.

These types of claims are relatively common in the event a company is responsible for the death of a loved one. For example, if a construction worker is killed on the job due to an oversight by their employer, then the family may be able to bring a wrongful death lawsuit against the company.

Money certainly won't make up for a loved one's death, but it will help ease the financial strain and get some sort of compensation for pain, suffering, and lost income.

A successful wrongful death lawsuit is crucial in providing both financial and emotional support to the family, helping them cope with their loss and access necessary resources.

At Anderson Hemmat, we have over 30+ years of experience working with families to get the compensation they deserve in their Colorado Wrongful Death Claims.

What You Are Entitled to for a Wrongful Death Claim

Some individuals and companies may be protected from having wrongful death lawsuits filed against them. This protection works, typically, through a waiver. For example, an employer may have all employees sign a waiver promising not to take civil action against them for injury or death while at work.

Waivers are a strong defense against civil lawsuits for wrongful death but are not absolute. In these cases, there may still be potential for you and your family to take civil action. Even if your loved one signed such a document, you should still consider legal action for wrongful death as a viable option.

Whether you have a claim or not depends on whether there is legal protection available for the offending party and if there is negligence on their behalf that can be proven to have led to the wrongful death of your loved one. The best way to determine whether you have a case is by consulting with an experienced Colorado Wrongful Death Lawyer as soon as possible.

If a wrongful death lawsuit is possible, you may be qualified for compensation to recover:

1. Funeral expenses

2. Loss of income

3. Loss of consortium

4. Punitive damages

5. Damage of property

6. Pain and suffering

7. Loss of companionship

It is essential to consult with an attorney for your wrongful death claim as soon as possible to find out if you have a viable claim and begin building a strong case for compensation. This action is the best way to ensure you create a good case and get all the proper documents in time to make the claim deadline.

Wrongful death compensation covers various financial burdens, including funeral expenses, loss of income, and other damages. Holding the responsible parties accountable helps families regain economic stability during such a difficult time.

Wrongful Death Claim

Filing a wrongful death claim involves proving that someone else's negligence caused the death. If a member of your family passed away in an auto accident, for example, when slippery road conditions caused them to veer off the highway and into a nearby structure, this is tragic but not necessarily the fault of someone else being negligent.

By comparison, if a member of your family passed away in a car crash because another driver was intoxicated or speeding and ran them off the road, that other driver could be held responsible for wrongful death.

Proving negligence in these cases is the basis for seeking compensation. This process can take an exceptionally skilled attorney, lots of evidence, patience, and knowledge of the legal system.

The emotional and financial impact of a loved one's death can be overwhelming for family members. Each case is entirely different, as are the circumstances and the possible compensation for your losses. As a result, we always recommend speaking with a professional to better understand where you stand, if you have a case, what to do next, and what you may be entitled to.

Compensation for Damages

When a loved one dies, it has a significant emotional toll on every family member, but it can also result in extreme financial burdens in many cases. In Colorado, wrongful death laws are designed to ease the financial burden when an individual is responsible for causing the wrongful death of another person.

In the State of Colorado, the monetary damages for a wrongful death case are determined by the judge or the jury if the case goes to trial. The specific amount awarded is contingent upon the case, but in general, those who file for a wrongful death lawsuit typically get damages for the following:

• Wages and compensation the deceased would have earned for the family had they been alive

• Benefits lost as a result of unexpected death, such as lost life insurance benefits

• Compensation for loss of love, companionship, assistance, protection, comfort, affection, and care of the deceased

Wrongful death settlements can be complex, requiring a thorough understanding of legal statutes and the deceased's estate.

Additionally, the estate of the deceased can speak for damages suffered, including the following:

• Funeral and burial expense

• Medical, hospital, or emergency care expenses related to the injury or illness that caused the deceased to pass away

Wrongful death damages are crucial as they cover both economic and non-economic losses, helping families recover from the financial and emotional distress of their loved one's passing.

Sometimes, you can also seek punitive damages beyond compensating for measurable losses such as medical bills, funeral expenses, or lost income. Where compensatory damages are intended to make the victim's family whole, these damages penalize the wrongdoer for particularly reckless, egregious, or malicious behavior. These damages deter similar actions in the future and send a strong message about the consequences of such conduct. Courts typically award this type of damages in cases where the defendant's actions showed a blatant disregard for the safety or well-being of others, such as extreme negligence or intentional harm. However, the availability and amount of punitive damages depend on the specific laws in your jurisdiction and the severity of the wrongdoing.

How Long Do I Have to File a Colorado Wrongful Death Case?

In Colorado, you have to file a wrongful death claim within two years of the date of death. This two-year deadline is called the Statute of Limitations. The surviving spouse can file during the first year, and surviving children can file between the first and second year if the spouse did not. If the deceased has no surviving spouse or children, the parents can submit a claim at any time within the first two years of death.

Statutes of Limitations can become confusing, and small mistakes in this process can easily result in the denial of your claim or a drastic reduction in the compensation you receive. Having an experienced Wrongful Death Attorney can help you clarify your next steps.

Types of Negligent Death Cases

wrongful death can arise from various situations, including:

• Car Accidents: Motor vehicle accidents are a leading cause of wrongful death. Causes include speeding, reckless driving, drunk driving, or distracted driving.

• Medical Malpractice: Medical malpractice can result in wrongful death due to a doctor's or hospital's negligence or failure to provide proper care.

• Product Liability: Defective products can cause fatal accidents, and the manufacturer or seller can be held liable for wrongful death.

• Premises Liability: Property owners must ensure their premises are safe for visitors. Failure to do so can result in wrongful death.

• Motorcycle Accidents: Motorcycle crashes are often caused by inattentive driving, intoxicated drivers, speeding drivers, or intentional contact.

Each of these scenarios can lead to a wrongful death claim, and understanding the specific circumstances of your case is crucial for seeking justice and compensation.

Wrongful Death Lawsuit Process

Filing a wrongful death suit can be a complex and emotionally challenging process. It is essential to understand the steps involved and the importance of seeking the help of a qualified wrongful death attorney. The wrongful death lawsuit process typically involves the following steps:

1. Investigation: The first step is to investigate the circumstances surrounding the death to determine if there is a valid wrongful death claim.

2. Filing a Lawsuit: If there is a valid claim, the next step is to file a wrongful death lawsuit against the responsible party.

3. Discovery: During the discovery phase, both parties exchange information and evidence related to the case.

4. Settlement Negotiations: The parties may negotiate a settlement to resolve the case without going to trial.

5. Trial: If a settlement is not reached, the case will proceed to trial, where a judge or jury will determine the outcome.

Navigating this process can be complex and emotionally taxing, so having an experienced wrongful death attorney by your side is essential.

Wrongful Death Claim FAQ’s

Negligent Death Lawsuit Outcomes

The outcome of a wrongful death lawsuit can vary depending on the case's specific circumstances. Sometimes, the defendant may be liable and ordered to pay the surviving family members damages. These damages can cover various losses, including medical expenses, funeral costs, lost wages, and emotional suffering. In other cases, the defendant may not be liable, and the plaintiff may not receive compensation.

A wrongful death attorney is crucial in navigating the legal process and working towards a successful outcome. They will advocate for the surviving family members, negotiate settlements, and, if necessary, represent them in court.

Resolving a Wrongful Death Suit

Cases like this can be resolved in several ways, including:

• Settlement: The parties may reach a settlement agreement, where the defendant agrees to pay a certain amount of money to the plaintiff.

• Trial: The case may proceed to trial, where a judge or jury will determine the outcome.

• Mediation: The parties may engage in mediation, where a neutral third party helps facilitate a settlement.

• Arbitration: The parties may agree to arbitration, where a neutral third party makes a binding decision.

Hold the Negligent Liable

If your loved one was taken before their time due to the negligence of another party, you should take the following steps and speak with an experienced Colorado Wrongful Death Lawyers to learn more about what compensation you may be entitled to and to remediate the financial hardships your family has experienced as a result.

If someone was responsible for this unfortunate loss in your family, they should be held accountable and made to pay for the resulting expenses that have caused hardship for the family of the deceased. You and your family have suffered enough with the loss of your loved one and shouldn't be made to suffer further with financial strain and adversity.

At Anderson Hemmat, we are not only a personal injury law firm with over 40+ years of experience but a firm that provides compassionate representation for our clients. We will handle things as sensitively as possible, understanding that you are going through a difficult time of grief.

To learn more about your case, what you are entitled to, and what the next steps are, contact one of our Denver wrongful death attorneys at our office for your free evaluation. We are ready to help you through this unfortunate situation by handling your claim and working towards justice.

Colorado Wrongful Death Claims (Video)

Colorado Wrongful Death Claims (Video)

Contact Our Wrongful Death Lawyers Today

If you have lost a loved one due to the negligence or wrongful act of another and would like to pursue compensation, contact our wrongful death lawyers today. We offer a free initial consultation to help you understand your legal options and the process of filing a wrongful death claim. Our attorneys are dedicated to providing personalized attention and aggressive representation to our clients, and we are committed to helping you achieve justice and compensation.

The Colorado personal injury team at Anderson Hemmat has a history of success in hundreds of wrongful death cases. We understand that this is a difficult time, and will handle your case with the utmost care and compassion. We want to make this process as easy and stress-free as possible, so you have time to grieve and handle all of the necessary affairs while still getting the compensation you deserve.

Don’t navigate this challenging time alone. Reach out to Anderson Hemmat for the support and expertise you need to pursue a wrongful death claim. We can help you figure out your wrongful death case worth, get you the maximum compensation you deserve for your loss and deal with the insurance companies for you. Contact us today to schedule your free consultation and take the first step towards securing the compensation you deserve.