Unexpectedly losing someone dear to you can be a devastating experience. The sense of loss could also be intensified after finding out another person’s negligent or intentional action is to blame for your loved one’s death. It is not right that you and your family bear the emotional anguish and financial burden of something that happened through no fault of your own.
Monetary compensation might not be enough to make up for the pain you are experiencing but securing financial support can ease uncertainties and make it easier to move forward. When you speak with a Denver wrongful death lawyer, you gain the guidance and support of an advocate who can help prepare you for the legal road ahead. Reach out to Ben Crump Law, PLLC today at (844) 777-4453, to schedule a free consultation and learn more about your legal options.
Wrongful Death Statutes in Colorado
The wrongful death law in Colorado aims to preserve the rights of those who were left with emotional and financial burden following a wrongful death. The law comprised of several statutes, enabling family members of victims to file lawsuits against negligent parties and recover damages (Colorado Revised Statutes (CRS) 13-21-201). The state recognizes wrongful death suits as personal injury lawsuits that victims would have filed had they lived. Some common examples of circumstances wherein such a lawsuit could arise are car accidents, medical malpractice, workplace accidents, and slip and fall injuries. Those eligible to bring legal action can seek economic and noneconomic damages.
Eligibility
In Denver and throughout Colorado, the law allows only specific individuals to file wrongful death claims. Also, there is a set period for filing a claim according to priority. Generally, eligibility is limited to close relatives who were economically dependent on the victim and to designated beneficiaries. The law does not extend this privilege to other relatives like siblings, nephews, or nieces.
The surviving spouse of the deceased will be able to bring lawful death action within the first two years after death. Nevertheless, the deceased’s children can join in the suit as long as there is written consent from the spouse. Otherwise, the deceased’s children will be able to bring an action only in the second year. If the deceased did not leave behind a spouse and children, the parents could file a claim within the first two years after the date of death. Additionally, the deceased person’s estate representative can file a survival action to recover damages that the estate has suffered.
Statute of Limitations
If you wish to bring a lawful death claim in Denver, you normally have two years to do so, beginning from your loved one’s death date (CRS 13-80-102). Filing a lawsuit after the legal deadline will likely result in a dismissal of your case. However, there are certain situations where exceptions apply. For instance, a death that stems from vehicular homicide will have an extended period of four years. The deadline may also stretch beyond two years if there has been fraudulent concealment of truth on the defendant’s part.
Due to the different statutes and limitations that can impact your case, it is imperative to consult a Denver wrongful death lawyer as early as possible. Regardless of whether you are sure of your eligibility to file a claim, it is still better to get the answers you need from someone qualified to evaluate your case.
For a free legal consultation with a wrongful death lawyer serving Denver, call (844) 777-4453
Establishing Negligence in a Wrongful Death Case
Usually, wrongful deaths are the consequence of reckless or negligent conduct. According to Colorado state law, a wrongful death case involves proving that if the victim had survived, they could have sought damages in a personal injury lawsuit. This mostly means that you have to prove the negligence claim elements, namely duty, breach, causation, and harm. Moreover, it would help if you showed that the other party has the majority of fault.
A Denver wrongful death lawyer can help determine which parties are liable for your losses and the amount of compensation you deserve. Your attorney will have access to various resources to conduct a thorough investigation of your case and prove negligence. These may include expert witnesses, demonstrative evidence, and other effective legal strategies. Contact Ben Crump Law, PLLC today to inquire about your free case review.
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Recoverable Damages That May Be Available
For a wrongful death claim, you may be able to pursue economic and noneconomic damages. Compensation for economic damages consists of those who can repay your family financially. Some examples include medical expenses incurred following your loved one’s accident and before passing, funeral expenses, future expected income, and lost benefits.
Meanwhile, noneconomic damages are abstract and not as easily calculated because they do not have monetary amounts. They can include emotional anguish, pain and suffering, loss of counsel, and loss of consortium. The compensation varies on a case-to-case basis and is highly subjective. Estimating your claim’s value can be complicated, and it would be prudent to let an attorney discuss details regarding the type of compensation you may seek.
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Ways in Which an Attorney Can Benefit You
Before anything else, it is crucial to determine whether you have a case. Obtaining legal advice as soon as you can to help you understand your legal position, especially when it comes to your eligibility for filing a suit. This ensures that you will not waste time initiating the appropriate legal process and having the legal deadline run out if you have the right to bring an action to the court. Afterward, your lawyer can investigate if negligence occurred and go ahead with the usual procedures for a wrongful death case. In every step of the process, your legal counsel will represent your best interests to end up with due compensation.
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We Are Committed to Giving Cases the Personal Attention They Deserve
After the unthinkable happens, you may feel depressed and overwhelmed. During this time, we can take over your legal matters to ease your burden. A Denver wrongful death lawyer at Ben Crump Law, PLLC can be an advocate for getting justice against those who wronged you. Speak to our legal team today at (844) 777-4453 to find out more about our services or set up a private consultation at no cost to you.
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