When a loved one dies unexpectedly because of someone else’s negligence, the family is often left with emotional and financial challenges. Families are confused and unsure of their next steps as they deal with their personal loss and financial losses.
While no amount of compensation will ever bring back your loved one, pursuing justice on their behalf can ensure that you receive the financial compensation. These awards could pay for the outstanding medical bills, funeral bills, and other costs related to your loved one’s death.
If your loved one died due to someone’s carelessness, recklessness, or negligence, you could work with a Colorado Springs wrongful death lawyer at Ben Crump Law, PLLC, on your case. Call (800) 593-3443 to learn more about your rights during a free consultation.
Wrongful Death Claims vs. Personal Injury Claims
If your loved one experienced injuries or losses due to someone else’s negligence, they would have the legal right to file a personal injury lawsuit against the negligent party. However, since they died from those injuries, they cannot pursue legal action. A wrongful death action allows certain family members to pursue justice on behalf of their loved one and receive the compensation they would have received under a personal injury claim.
For a free legal consultation with a wrongful death lawyer serving Colorado Springs, call (800) 593-3443
Colorado Wrongful Death Claims
The Colorado Wrongful Death Act was modeled on Britain’s “Lord Campbell’s Act,” which allows the heirs of a person who died as a result of a wrongful act of another person the ability to file a claim on their behalf. Under Colorado Revised Statutes (CRS) § 13-21-202, if any person dies as a result of someone else’s wrongful act or neglect, the family has a right to file a claim under this wrongful death statute Colorado.
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Who May File a Wrongful Death Lawsuit
Under CRS § 13-21-201(1), only certain family members may file a wrongful death claim in Colorado. The surviving spouse may file a wrongful death action during the first year after the death of their spouse. Between the first and second years following the person’s untimely death, a surviving spouse and the surviving children can file a lawsuit. If the person died without a spouse or children, then the person’s parents may then file a wrongful death lawsuit.
Additionally, it is important to understand that there are circumstances under which a deceased person’s estate may file a wrongful death claim under a “survival action.” If your loved one died from someone’s negligence, contact our legal team to learn how a Colorado Springs wrongful death lawyer at Ben Crump Law, PLLC, can help you understand your next legal steps. Call now to schedule a free consultation with us.
Wrongful Death Case Examples
Some of the types of negligence, recklessness, and carelessness that lead to wrongful death cases include:
- Vehicle accidents (car, motorcycle, trucking, drunk driving accidents, ATV accidents, scooter accidents)
- Bicycle accidents
- Pedestrian accidents
- Work-related accidents
- Manufacturing defects and product liability cases (products, defective drugs, defective medical devices)
- Premises liability (slip and fall accidents)
- Nursing home abuse and/or neglect
- Dog bites
- Birth injuries
- Medical malpractice
These are examples of situations in which a family could bring a wrongful death action against a negligent party. Whenever that occurs, the family can bring a case against the reckless or negligent party.
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Compensation Available in Wrongful Death Claims
No one ever expects that financial compensation will ever replace their loved one or take away the hurt caused due to their untimely death. However, many families are unfortunately left with substantial medical bills, funeral costs, and more to deal with after their family member dies.
Additionally, there is the loss of consortium and loss of companionship that the entire family feels following their loved one’s death. The pain and suffering that the deceased family member felt should also receive acknowledgment in some way. Loss of wages, loss of future wages, and emotional trauma can all compound to create a great deal of psychological and financial challenges for the family that remains behind.
These types of economic and noneconomic losses are available to family members, if applicable. However, the calculation of these types of losses often proves challenging and legally complex. While you may have the legal right to pursue compensation for economic and noneconomic losses, you want to make sure that you receive the compensation you deserve under the law.
Consider speaking with a Colorado Springs wrongful death lawyer to help you determine the compensation you can pursue in your case. An attorney can help you calculate your damages accurately and handle all important communications, negotiations, and paperwork on your behalf.
Learn How a Colorado Springs Wrongful Death Lawyer Can Help You
Your family will never be the same after the death of your loved one. The last thing you may want to do is start to file a claim with an insurance company or file a lawsuit in a court of law. Unfortunately, there are strict deadlines, called statute of limitations, that require relatives to file a wrongful death action in a certain period or lose the legal right to do so permanently. You generally have two years to file in Colorado. We can file your case on time and within the statute of limitations.
Working with a Colorado Springs wrongful death lawyer can help ensure that your legal rights are protected to find justice for your loved one. If you are in the process of considering filing a wrongful death action and need either assistance or guidance during this stressful time, call Ben Crump Law, PLLC, at (800) 593-3443 to schedule a free consultation.