Not many things could be worse than hearing that a beloved family member has died, especially if their death could have been prevented. Although nothing can help lessen your grief, a monetary settlement could help give you the financial security that you need to move forward with your life.
If you believe that your loved one died because of the carelessness, recklessness, or intentional wrongdoing of somebody else, you could be entitled to compensation from the person responsible for their death. Consider hiring a personal injury attorney at Mac Hester Law for help filing a lawsuit. Reach out to a Boulder wrongful death lawyer today to discuss the details of your situation.
Common Causes of Wrongful Death
A claimant can file a wrongful death suit anytime somebody else’s actions have wrongfully caused the death of another person. Often, family members file lawsuits following deaths that result from:
- Car wrecks
- Workplace incidents
- Defective products
- Dangerous drugs
- Slip and falls
- Premises liability accidents
- Medical malpractice
Local personal injury legal advisors have experience with all types of wrongful death actions. They could review all police reports, medical records, eyewitness testimonies, and any other evidence to see if somebody else is legally responsible for the death.
Wrongful Death Actions in Boulder
A wrongful death suit is a civil action and not a criminal prosecution, but it can take place simultaneously with a criminal case. In a criminal case, the prosecution has to prove the defendant’s guilt beyond a reasonable doubt. In a civil litigation case, the claimant will need to demonstrate that it is more likely than not that the defendant’s action caused the death.
The outcome of a civil suit is also different from a criminal case. If a court finds a defendant guilty in a criminal case, that defendant could go to jail. If a court finds a defendant liable in a wrongful death civil case, on the other hand, that defendant would have to pay monetary damages to the family of the deceased but would not face jail time as a result.
The statute of limitations for filing a wrongful death claim in Colorado is generally two years from the date of death. However, only the surviving spouse of the deceased person can file a wrongful death action during the first year following the death. During the second year, the deceased person’s children may also have the ability to file a suit. If there is no surviving spouse or children, then the deceased person’s parents could file a claim at any time during the two year period.
Possible Recoverable Damages in Death Claims
In Colorado, family members of a deceased loved one could seek recovery of economic damages to compensate them for actual, quantifiable losses. Examples of economic damages include medical bills and funeral expenses. Economic damages could also cover the deceased person’s lost wages and lost future earning capacity.
Family members can also pursue recovery of non-economic damages to compensate for non-quantifiable losses, such as for the pain and suffering of the deceased and loss of companionship. In limited instances, courts may also award punitive damages. Colorado courts limit the amount of non-economic and punitive damages, so it is essential to speak with experienced legal counsel who can explain the relevant damage limits.
A skilled legal representative could help maximize the damage recovery by thoroughly investigating the accident and documenting the deceased loved one’s financial situation for proof of loss.
Call for Boulder Wrongful Death Attorney Today
Although a financial judgment cannot bring your loved one back, it could ease some of your financial burdens. A compassionate attorney at Mac Hester Law could objectively review the situation that caused your loved one’s death. Reach out to a Boulder wrongful death lawyer today to discuss if filing a wrongful death action is a good option for your family.