Wrongful Death Lawyers in Longmont, Colorado
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When a loved one dies in an unexpected accident, their surviving family members may be left with substantial debt, grief, and heartache. The death of a loved one can be expensive, as well, and devastating, especially if the death was unexpected.
Every state in the United States allows surviving family members to recover after a wrongful death accident. Longmont wrongful death claims invoke a specific set of Colorado laws. Knowing what to do and who to contact after a wrongful death incident is critical for prompt recovery.
If your loved one was killed in a wrongful death incident, call Zinda Law Group at (800) 863-5312 for a free case evaluation with one of our experienced Longmont accident attorneys. You will not owe us a thing unless we win compensation for you in your case.
WHAT IS A WRONGFUL DEATH?
A wrongful death claim is a special kind of lawsuit that a victim’s family can bring when their loved one dies as a result of another person’s negligent or intentional conduct. Generally, wrongful death lawsuits can be filed by a party if the death in question was caused by the wrongful act, carelessness, unskillfulness, neglect, or default of another person or organization. These claims are typically brought against a defendant who was responsible for the death itself.
Wrongful death actions are civil tort claims that allow aggrieved loves to recover for some of the expenses and costs associated with their family member’s death. Although a state may also pursue criminal charges, wrongful death actions are civil in nature and do not directly correlate with one’s criminal liability. All states permit wrongful death claims in the civil context.
In general, every state has its own wrongful death statute, with individualized criteria and procedures for bringing a wrongful death lawsuit. In Longmont, plaintiffs must adhere to Colorado law when filing a wrongful death suit in court. Colorado law defines a wrongful death as a death that is caused by a wrongful act, neglect, or default of another person or entity; a wrongful death claim can be brought in any situation where the person could have brought a personal injury claim had he or she survived.
Many wrongful death statutes cover a wide range of accidents, for many different accidents can give rise to a wrongful death action, including automobile collisions, slip and falls, and workplace accidents. These statutes are designed to hold at-fault parties responsible, and help loved ones move on with their lives more quickly after a tragedy.
If you lost a loved one in a wrongful death accident, you may be entitled to legal compensation for your loss. Although having an attorney is not required, consulting with a Longmont accident lawyer may help your claim move forward more efficiently in a court of law.
Types of wrongful death accidents
Many different circumstances and accidents can cause a wrongful death to occur; these accidents can vary in location and predictability. Despite the endless possible causes of wrongful deaths, the Centers for Disease Control and Prevention has identified the leading causes of fatal accidents in the United States. According to health experts, the most common causes of wrongful death incidents include the following:
- Medical malpractice
- Bicycle accidents
- Defective products
- Motor vehicle accidents
- Workplace accidents
- Pedestrian accidents
- Criminal activities
Although these situations are some of the most common ones to give rise to wrongful death claims, the list itself is not exhaustive. Thus, you may still be able to file a wrongful death lawsuit even if your situation does not fit squarely into one of the previously mentioned causes.
Due to the many different types of accidents that can give rise to a wrongful death action, it can be difficult to decide whether or not you should bring a wrongful death claim in court. If your loved one was recently killed in an accident, a death attorney in your area may be able to help you assess the facts of your case and evaluate the legal standing of your claim.
WHO CAN BRING A WRONGFUL DEATH CLAIM IN LONGMONT?
Although every state has some sort of wrongful death statute, the specifics of those statutes differ by jurisdiction. As stated before, Longmont wrongful death claims are governed by Colorado law. Colorado’s wrongful death statute is extensive and contains specific limitations on why, when, and who can bring a claim seeking legal redress.
Colorado law imposes several limitations on who can bring a wrongful death case in court; typically, a wrongful death action can only be filed by certain members of the victim’s family. In Colorado, if the deceased person has a surviving spouse, only the surviving spouse may file a wrongful death lawsuit in the first year after the death, with a few exceptions. An exception to this general rule may exist if a few facts are true.
During that year, the surviving spouse may elect to allow the deceased’s children to file or join the claim. Notably, this allowance must be recorded in writing and certified by the surviving spouse. If the person was unmarried, the deceased person’s children or designated beneficiary may bring the wrongful death lawsuit on their behalf. In the second year after the person’s death, any of the following people can bring a wrongful death case:
- Surviving spouse
- Surviving children
- Spouse and children jointly
- Designated beneficiary
Unlike many other states, Colorado only allows parents of a victim to bring a wrongful death claim if the deceased was unmarried and had no designated beneficiary. Unfortunately, many Colorado courts have established that siblings of the deceased cannot file a wrongful death claim, regardless of the family’s dynamic or history.
If you recently lost a loved one in a wrongful death accident, you may be considering filing a claim in court. Determining whether you are eligible to do so can be difficult, especially if you are unfamiliar with Longmont courts. A in Longmont may be able to help you determine if you meet the requirements of a Longmont wrongful death claim and then proceed accordingly.
what damages can I seek for my longmont wrongful death claim?
At common law, damages are a remedy in the form of monetary award to be paid to a claimant as compensation for a loss or injury. When bringing a wrongful death claim, there are many different types of damages that an aggrieved party may request. The damages received will vary depending on the specifics of your particular claim; damages in a wrongful death lawsuit can include compensation for:
- Pain and suffering
- Loss of love and companionship
- Loss of guidance, advice, and counsel
- Loss of life assistance
- Loss of inheritance
- Funeral and burial costs
- Lost earning capacity
- Lost household services
- Loss of benefits
Some courts occasionally award punitive damages in an attempt to punish the responsible party even further and prevent future death or injury. Damages in wrongful death lawsuits may be awarded for a variety of reasons depending on the particular relationship between you and the deceased party. Damages may also depend on the severity of the responsible party’s negligence, any calculated damages, and the reasons behind the ordeal itself.
Many states, including Colorado, have placed limits on the amount of damages that can be awarded to a plaintiff in a wrongful death case. In a wrongful death case, damages are typically divided into two categories: economic and noneconomic. Colorado state law currently limits noneconomic damages in most wrongful death suits to $571,870, an amount that is adjusted every two years.
Notably, if the court rules that the wrongful death claim is based on a felonious killing, this cap on noneconomic damages does not apply. Colorado currently does not have a limit on the amount of economic damages a court can award in a wrongful death case. Calculating damages can be a daunting task, especially with high dollar amounts; contacting a Colorado personal injury lawyer who specializes in wrongful death lawsuits can help you determine the damages available in your particular case.
CALL ZINDA LAW GROUP’S LONGMONT DEATH LAWYERS FOR HELP
Losing a loved one is hard, even without the added stress of pursuing compensation in a court of law. In Longmont, surviving family members who lost a loved one in a wrongful death accident have the option of filing a wrongful death claim in court. Many different types of accidents can give rise to a wrongful death lawsuit, and filing a wrongful death claim can have many benefits, but it can also be burdensome for grieving families.
If your loved one was killed in a Longmont accident, you should contact an injury lawyer who handles wrongful death cases as soon as possible. An experienced attorney may be able to help you assess liability, allocate fault, and seek compensation accordingly.
At Zinda Law Group, we have the knowledge and resources necessary to help you pursue the highest compensation possible. Zinda Law Group may be able to provide you with personalized and quality consultation about the specifics of your legal claim. Moreover, the sooner you contact our office, the better we may be able to serve you.
If you lost a loved one in a Longmont accident and you believe he or she was the victim of a wrongful death incident, call Zinda Law Group at (800) 863-5312 for a free consultation with one of our experienced injury attorneys. You don’t owe us anything unless we win your case. That’s our No Win, No Fee Guarantee.
Meetings with attorneys are available by appointment only.