Fort Collins Wrongful Death Attorney
The unexpected loss of a loved one can have both emotional and financial consequences. When a loved one’s death arises from another person’s negligence, you may be able to collect compensation for the material and immaterial losses that result. If you believe that your recent loss was the result of a negligent act of another, contact a Fort Collins injury attorney at Cannon Law today to schedule a free review of your legal options. We help Fort Collins families like yours gain legal recourse for another party’s negligence.
- We use a tailored approach to your case. No case is one-size-fits-all, and we work with you to establish goals and work to achieve maximum compensation for your loss.
- We employ a team-based approach that leverages our firm member’s individual strengths to further your case.
- We offer our services on a contingency-fee basis. You’ll never owe any attorney’s fees unless we win a settlement or court judgment on your behalf.
Colorado Wrongful Death Resources:
- What are common causes of wrongful deaths?
- What are the Colorado wrongful death laws?
- Who can sue for wrongful death?
- What is a survival action?
- What is the statute of limitation in a wrongful death case?
- What damages can I recover in a wrongful death claim?
- How do you establish a wrongful death claim?
- When should I contact a wrongful death attorney?
Causes of Wrongful Death
A wrongful death is an unnecessary death that has been caused by the negligence or recklessness of another party. The loss of a loved one is a horrendous experience; when the death could have been prevented, it is even more devastating. In these tragic situations, surviving family members may be able to recover monetary and non-monetary damages that result from the death. A wrongful death may arise from any number of occurrences, including:
- Work accidents
- Car accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Slip and falls
- Incidents arising from negligent security (i.e. violent crime)
- Use of defective products
Wrongful Death Laws in Colorado
In the state of Colorado, a wrongful death refers to the idea that a person or company may be civilly liable for the death of another. To establish legal grounds for a wrongful death, the plaintiff must show that the death resulted from the recklessness, negligence, or intentional misconduct of another. In other words, a wrongful death has a similar basis as a personal injury claim, but another party brings the claim on behalf on the decedent, to benefit his or her heirs.
Who Can Sue for Wrongful Death?
Under Colorado law, a surviving family member may file a wrongful death action to court on the same legal grounds as a personal injury claim. Specific laws govern the filing of a wrongful death claim. For example, only the surviving spouse of a decedent may file a wrongful death claim within the first year under Colorado law. After the first-year passes, the surviving spouse or children may file a claim. If neither exists, then the parents may legally file a wrongful death claim in Colorado. In the absence of any surviving family members, the task of filing a claim falls to the executor of the decedent’s estate.
What is Survival Action?
Specific laws govern the filing of a wrongful death claim. For example, only the surviving spouse of a decedent may file a wrongful death claim within the first year under Colorado law. After the first-year passes, the surviving spouse or children may file a claim. If neither exists, then the parents may legally file a wrongful death claim in Colorado. In the absence of any surviving family members, the task of filing a claim falls to the executor of the decedent’s estate.
What is the Statute of Limitations in a Wrongful Death Claim?
The state also observes certain time limits for filing a claim, called the statute of limitations. Colorado law gives applicable parties 2 years from the date of the death to file a wrongful death action with the appropriate court system. An experienced wrongful death attorney can help you maneuver through the legal system, adhering to deadlines and court filing standards.
What Damages Can I Recover in a Wrongful Death Claim?
In a wrongful death claim, the victims estate can be compensated for monetary and non-monetary damages as a result of another party’s negligence. Wrongful death cases are not only highly emotional; they’re legally complex. A person who seeks compensation in a wrongful death claim may receive both compensatory and general damages arising from the death. In other words, a claim may involve compensation for:
- Funeral and burial expenses
- Medical bills arising from the final illness or injury
- Any loss in income
- Future financial support for the surviving family members
- Intangible losses such as pain, suffering, loss in life quality, and loss in partnership or guidance
Establishing a Wrongful Death Claim
A wrongful death lawsuit is a civil suit that enjoys a lower burden of proof than a criminal case. There must be solid evidence to prove wrongful death and that the defendant’s actions caused the death of the victim. To be eligible to seek compensation, the surviving family members must prove that:
- The deceased person would have lived if not for the actions of the defendant.
- Another party’s negligence caused the fatality
- Significant and relevant evidence establishes causation by a preponderance of the evidence
Why You Need a Fort Collins Wrongful Death Attorney
A wrongful death attorney helps guide a plaintiff through the intricate legal process, providing them valuable counsel on how best to proceed with a wrongful death suit. This includes providing valuable assistance in determining the exact amount that a claim is worth and demanding full compensation from the parties responsible.
If you recently suffered a loss in the family, you need the help from a Fort Collins wrongful death attorney. The Fort Collins accident lawyers at Cannon Law have years of experience – contact us today to schedule a free consultation with our firm.