Wrongful Death is a Painful Experience
Losing a loved one is always difficult. It can make things worse when the death was the result of misconduct, negligence, or foul play. If you have lost a loved one as the result of negligence or intentional wrongdoing of another, you need advice from a wrongful death attorney.
Car accidents , motorcycle accidents , and other incidents that often cause injury can also lead to death. In these cases, a wrongful death lawsuit may take place. Taking action against the negligent party cannot bring your loved one back, but it can help begin the healing process and may get you the compensation that you deserve for your loss.
When we take on your wrongful death claim, we understand that this is a difficult time for you. Steve is passionate about taking care of his clients. He will help you maximize your recovery so you don’t have to worry about expenses and future bills. You need full and fair compensation so that you can hold the negligent party accountable. You deserve the money you need to support yourself and your loved ones. Some of the types of damages that you may be able to recover in a wrongful death lawsuit if you have lost a loved one are:
- Loss of benefits
- Pecuniary losses
- Pain and suffering
- Loss of consortium
At the same time, our compassionate Colorado wrongful death attorney fully understands that these cases are about more than the money. You need to be able to get justice for your loved one. At the Law Office of Steve Roberts, LLC, we always stay personally involved with and available to our clients. We provide comfort and support throughout the entirety of the legal claims process.
What is a Wrongful Death Case?
Wrongful death cases arise when a party causes the death of another by acting negligently or intentionally acts wrongfully. Unintentional deaths/accidents cause 130,557 deaths a year, the fifth leading cause of death. Some of the more common cases of wrongful death cases result from:
- Fatal car accidents
- Semi-truck accidents
- Motorcycle accidents
- Construction site fatalities
- Well Accidents
- Medical Malpractice deaths
- Deadly fires and explosions
- Child’s deaths
- Teen wrongful death cases
- Senior wrongful death
- Premises liability
- Scaffold falls lawsuits
- Falling debris accident
- Bicycle death
- Slip and Fall
HOW LONG DO YOU HAVE TO BRING A WRONGFUL DEATH LAWSUIT?
In Colorado, wrongful death lawsuits are subject to a two-year statute of limitations. With very limited exceptions, plaintiffs have two years from the date of the victim’s passing to file their wrongful death claim. If legal action is not taken before the deadline runs out, then you and your family cannot bring a claim. You must avoid crossing this deadline. To protect your rights, hire a Denver wrongful death lawyer. With an attorney by your side as early on in the claims process as possible, you stand the best chance at fair compensation.
WRONGFUL DEATH LAWSUIT ELIGIBILITY IN COLORADO
In the state of Colorado, wrongful death lawsuits fall under Colorado Revised Statutes, Section 13-21-201. Sadly, not all loved ones of the deceased have legal rights under this statute. In fact, only certain close family members of the deceased will have the legal authority to initiate a wrongful death claim.
In the first year following the death, only the surviving spouse has the right to a wrongful death claim. In the second year following the death, the surviving children of the deceased have the right to a claim. Finally, if neither a surviving spouse or any surviving child is able to take action, then the parents will have the right to initiate the wrongful death lawsuit.
We should note that Colorado allows for the advancement of rights when warranted by the case. For example, in the event that the deceased was not married or their spouse has already passed away, then the surviving children do not have to wait an entire year to bring a claim. Likewise, if a negligent motorist killed a high school student, their parents would not need to wait to be able to file a wrongful death claim. Their legal rights would automatically advance.
Outside of the immediate family members, wrongful death claims rights become far more complicated. While extended family members and friends do not have the direct ability to file a wrongful death lawsuit, they may be able to bring a related type of legal case, commonly referred to as a survival action claim, on behalf of their departed loved one. In general, the deceased person’s estate brings a survival claim.
Proving Liability Can Be Difficult
It is important to have an attorney working for you. You must prove that the death of your loved one was the result of another’s actions. An attorney will help with this process. In addition, it must be proven that all damages you have suffered are recoverable. This process can be exceptionally difficult, epsecially when an insurance company is fighting you along way. That’s why talking to an experienced wrongful death attorney is so crucial.
Wrongful Death Case Results
Wrongful death cases are unlike any other case, in that no matter the amount of money we help a family recover, they’d rather have their deceased family member back. We hope with these cases, we can help the family of the deceased to recover what they’re owed and get some closure.
We represented parents that lost their daughter, who passed way too young. She was in her early twenties and died in an automobile accident. We were able to resolve this matter for the parents and help them to gain closure on the sudden loss of their daughter. They used some of the money they received to purchase a remembrance of their daughter that they loved very much.
An Experienced Denver Wrongful Death Attorney
There is nothing worse than losing a loved one and no matter what a wrongful death lawsuit can’t bring your loved one back. Our goal is to make going through this process as easy as possible and to help you recover all damages that you are entitled to as the result of losing your loved one.
At the Law Office of Steve Roberts, LLC, we keep our clients informed regarding their case. When a client calls they will speak with an attorney or have an attorney call them back directly to discuss and questions or concerns they may have. We get to know each and every client we have and treat them like an individual. We hope our firm’s warm way of dealing with clients will help make going through their wrongful death case, or any other case for that matter, easier to deal with. Please reach out online or call us directly to discuss your case. We want to help.
Losing a loved one is a traumatic experience that cannot be put into words, we are able to help you find a grief counselor/therapist to help you through this time in your life.