Wrongful Death Lawyers Anderson Hemmat

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 survivors of the deceased person. Wrongful death can result from various events, including car accidents, medical malpractice, product liability, premises liability, and workplace accidents, often involving a fatal accident. The goal of a wrongful death lawsuit 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 a untimely death personal injury claim.

These types of personal injury claims are actually fairly common in the event that a company is responsible for the death of a loved one. For example, if a construction worker was killed on the job due to an oversight by their employer, then the family may be able to bring a wrongful death civil action 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 working with families in order to get the compensation you deserve in their Colorado Wrongful Death Claims.

What Am I Entitled to if I Have a Claim for Wrongful Death?

Some individuals and companies may be protected from having wrongful death lawsuits filed against them. More often than not, the way these protection works is by means of 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.

This is a strong defense against civil lawsuits for wrongful death, but 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 find out 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 important 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. Acting quickly is the best way to ensure that you build a good case and are able to get all of the proper documents in time to make the deadline for claims.

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

Colorado's Wrongful Death Act - Everything You Should Know

Wrongful death cases are dictated by Colorado’s wrongful death act, which can be found in § 13-21-201 and 202. The law states that if death is the result of the negligent or careless actions of another, the heir of the descendant can file a wrongful death lawsuit against the negligent or criminally negligent party. It is essential to prove that a wrongful act led to the death in order to pursue such a lawsuit.

Only one claim for wrongful death is permitted for each case, which means that a widow and a descendant’s son cannot each file separate wrongful death actions. The law allows for loved ones left behind such as spouses, parents, adopted children, siblings, dependent children, and some others to act as plaintiffs in these types of cases. The personal representative is responsible for bringing survival actions for economic damages and representing the interests of the deceased’s family.

For the most part, wrongful death claims are handled the same as personal injury cases, except that the plaintiff is the family member representing the deceased.

Do I Have a Wrongful Death Case?

If a member of your family passes away due to the negligent actions of another person, it is referred to as wrongful death. Filing a wrongful death claim involves proving that the death was caused by someone else's negligence. If a member of your family passed away in a 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 all compensation. This process can take an extremely skilled attorney, lots of evidence, and patience combined with a 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 in order to get a better understanding of where you stand, if you have a case, what to do next, and what you may be entitled to.

Who Can File a Wrongful Death Claim in Colorado?

In the state of Colorado, a surviving spouse of the deceased is the only person who can file a wrongful death claim for the first year following the death.

During the second year following the death, the surviving family and any surviving children are allowed to file a claim.

If the deceased has no surviving spouse or children, their parents can file a wrongful death claim in Colorado.

If the deceased had a will or someone representative of their estate, that individual could file a claim to recover damages under what is called “survival action”.

Keep in mind that the Statute of Limitations for a wrongful death claim in the State of Colorado is 3 years. If you do not file within this time, you are no longer entitled to compensation, and cannot take the case to court in order to fight for what you deserve.

Also, keep in mind that only one party can file a wrongful death claim. This makes it very important to see an attorney and speak with all the remaining heirs of the deceased prior to taking action, in order to maximize compensation.

Timely filing a wrongful death suit is crucial to ensure that survivors or personal representatives can seek monetary damages for the loss of a loved one.

What Compensation or Damages Can Be Awarded For This Type of Case?

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: Wrongful death settlements can be complex, requiring a thorough understanding of legal statutes and the deceased’s characteristics.

• 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

Additionally, the estate of the deceased can speak for damages suffered by the estate 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.

In certain cases, you can also seek punitive damages, which go beyond compensating for measurable losses such as medical bills, funeral expenses, or lost income. Unlike compensatory damages, which are intended to make the victim's family whole, punitive damages serve a different purpose: they are designed to penalize the wrongdoer for particularly reckless, egregious, or malicious behavior. These damages act as a deterrent to discourage similar actions in the future and send a strong message about the consequences of such conduct. Courts typically award punitive 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 referred to as the Statute of Limitations. As mentioned, during the first year, the spouse can file, and only between the first year in the second year can surviving children file if the spouse did not. If the deceased has no spouse and no children, the parents can submit a claim at any time within the first two years of death.

This can become a bit confusing, and small mistakes in this process can easily result in the denial of your claim, or a drastic reduction in the compensation you can receive.

How Long Will it Take To Settle My Colorado Wrongful Death Lawsuit?

Many wrongful death cases settle outside of court, allowing families to avoid the stress and expense of a lengthy trial. On average, Colorado wrongful death lawsuits can take anywhere between 2 to 4 years. It's really contingent upon when the lawsuit is filed, and how quickly the liable party decides to settle.

If the surviving spouse or parents, for example, file a lawsuit immediately after the victim has passed away, it might settle in a matter of months. But if the responsible party tries to fight the case, it could last a few years. Working with an expert wrongful death lawyer can help to resolve your case sooner rather than later so that you can get the closure you deserve and start moving forward.

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. They can be caused by 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 have a duty to ensure their premises are safe for visitors. Failure to do so can result in wrongful death.

• Motorcycle Accidents: Motorcycle crashes can be caused by unattentive 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.

Filing a Wrongful Death Claim with Our Law Firm

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. A wrongful death action is a civil lawsuit that seeks compensation for the death of a person due to the negligence or wrongful act of another. Typically, the claim is filed by the family of the deceased or the personal representative of the deceased person’s estate.

The process begins with a thorough investigation to gather evidence and establish the facts surrounding the death. This includes collecting medical records, accident reports, and witness statements. Once sufficient evidence is gathered, the wrongful death lawyer will file the claim on behalf of the surviving immediate family members or the personal representative. The goal is to hold the responsible party accountable and secure compensation for the financial and emotional losses suffered by the family.

Wrongful Death Lawsuit Process

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 engage in settlement negotiations to resolve the case without going to trial.

5. Trial: If a settlement cannot be 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, which is why having an experienced wrongful death attorney by your side is essential.

Proving a Wrongful Death Lawsuit

To prove a wrongful death lawsuit, the plaintiff must establish the following elements:

1. Duty: The defendant had a duty to act with reasonable care.

2. Breach: The defendant breached their duty by acting unreasonably.

3. Causation: The defendant’s breach caused the death of the loved one.

4. Damages: The plaintiff suffered damages as a result of the defendant’s breach.

Each of these elements must be clearly demonstrated to build a strong case. An experienced wrongful death attorney can help gather the necessary evidence and present a compelling argument in court.

Proving Negligence in a Wrongful Death Legal Action

To prove negligence in a wrongful death lawsuit, the plaintiff must establish several key elements. First, it must be shown that the defendant had a duty to act with reasonable care towards the deceased. Next, the plaintiff must demonstrate that the defendant breached this duty by acting unreasonably or failing to act. This breach must be directly linked to the cause of death, meaning the defendant’s actions or inactions led to the fatal incident.

Finally, the plaintiff must prove that the death resulted in damages to the surviving family members. These damages can include medical expenses, funeral costs, loss of income, and emotional suffering. A skilled wrongful death attorney can help gather the necessary evidence, such as expert testimonies and documentation, to build a strong case and establish liability.

Negligent Death Lawsuit Outcomes

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

A wrongful death attorney plays a crucial role in navigating the legal process and working towards a successful outcome. They will advocate on behalf of the surviving family members, negotiate settlements, and, if necessary, represent the case in court to ensure justice is served.

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.

Our Denver Wrongful Death Lawyers Can Handle a Wide Variety of Cases

Even if the deceased was partially at fault for the accident that caused their death, the surviving family members may attempt to recover compensation so long as their percentage of negligence was less than the combined percentage of negligence of the defendants (§ 13.21.111). Liability issues can sometimes be complex in these cases.

You may have questions like:

• Can the family of a descendant who was killed in a drunk driving accident rightfully file a claim against the driver if the descendant knew the driver was drunk and chose to get in the car anyway?

• How will I deal with the insurance company?

• Can a hospital or caretaking facility be held responsible for a patient's suicide?

These and other complex legal issues are best handled by a skilled Denver personal injury lawyer.

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.

Holding the Negligent Liable: Anderson Hemmat

If your loved one was taken before their time due to the negligence of another party, you should take the next steps and speak with a Colorado Wrongful Death Attorney in order to learn more about what compensation you may be entitled to, and in order 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 responsible 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, you 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.

In order 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 today at our office today for your free wrongful death case evaluation. We are ready to help you through this unfortunate situation by handling your claim and working towards justice.

Why Choose Anderson Hemmat?

Anderson Hemmat is a law firm with a proven track record of success in handling wrongful death cases. Our attorneys have extensive experience and knowledge of the law, and we are dedicated to providing compassionate and aggressive representation to our clients. We understand the emotional and financial challenges that come with losing a loved one, and we are committed to helping our clients achieve justice and compensation.

Our team is well-versed in the complexities of wrongful death claims and is equipped to handle a wide variety of cases. We take a personalized approach to each case, ensuring that our clients receive the attention and support they need during this difficult time. With Anderson Hemmat, you can trust that your case is in capable and caring hands.

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.

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.