What You Need to Know About Wrongful Death Settlements in Colorado
The unexpected loss of a loved one, whether due to a car accident, medical malpractice, or another form of negligence, is a devastating experience that can leave families struggling with emotional and financial challenges. Although no amount of money can ever replace a loved one’s presence, wrongful death settlements play a crucial part in seeking justice and financial compensation for their loss. Understanding what a wrongful death settlement is and how they work can provide valuable insights for those navigating through these challenging circumstances.
If you have lost a loved one due to the negligence of someone else we urge you to reach out to our compassionate and caring law firm. At the Law Offices of Rodemer Kane we want to do all we can to help you through this difficult time, and we have the knowledge and experience with wrongful death claims to get you the compensation you need. Contact our Colorado Springs law office online or call 719-437-7286 to book a free case consultation.
What Is A Wrongful Death Claim?
A wrongful death claim arises when the death of a person or persons is caused by the negligence, recklessness, or intentional misconduct of someone else. Wrongful death settlements are civil actions that the surviving family members or the deceased person’s estate will pursue to seek compensation for the damages incurred as a result of their loved one’s untimely death. These types of settlements are meant to alleviate the costs involved with the deceased’s death like the funeral, as well as to assist in providing financial compensation for the family moving forward.
When Are You Eligible to File a Wrongful Death Claim?
To determine if you are eligible to file a wrongful death claim you need to understand the criteria involved. Typically, wrongful death claims are only allowed to be filed by immediate family members such as spouses, children, or parents. In some cases, extended family members or dependents may also be eligible depending on the circumstances of their relationship to each other, for example if an aunt is the sole guardian for her niece, that young lady may be eligible to file a wrongful death suit should something tragic happen to her aunt.
It is also necessary to be able to prove that some sort of negligence or recklessness occurred, resulting in the death of the loved one. It is best to consult with a wrongful death attorney knowledgeable about Colorado’s specific wrongful death laws to determine whether you have an eligible claim to pursue a wrongful death settlement.
What Types of Damages Are There in Wrongful Death Cases?
When a loved one dies it is tragic and even more so when their death could have in some way been prevented. Wrongful death settlements are meant to help compensate the surviving family members for both the economic and non-economic losses that they have suffered because of the death of their family member. The types damages that may be part of a wrongful death case include:
- Medical expenses related to your loved ones final injury or illness
- Funeral and burial expenses
- Loss of financial support from your loved one including future earnings
- Loss of companionship, guidance, and emotional support
- Pain and suffering experienced by the deceased before death
Every case is unique and the circumstances of it will be evaluated extensively when trying to determine what sort of settlement is considered appropriate.
How Can You Prove Wrongful Death?
To pursue a wrongful death settlement successfully, it is crucial to establish the liability of the person or persons responsible for your loved one’s death. It must be proven that there was some sort of gross negligence or intentional misconduct that directly contributed to the incident which resulted in death. To help prove your case it will be critical to gather evidence, witness testimonies, and expert opinions to make a strong case that the death caused was completely avoidable. As experienced personal injury attorneys in Colorado we understand the steps necessary to make sure that a wrongful death claim is found valid. We will work with you to help you get the justice and compensation you deserve.
What Is The Average Payout For Wrongful Death Cases in Colorado?
Determining the average payout for wrongful death settlements in Colorado can be very challenging as it involves considering a great number of factors that will influence the final compensation amount. Things such as liability, the financial impact on the survivors, and the circumstances of the death will all be taken into account. In Colorado, wrongful death settlements will typically cover medical expenses, funeral costs, loss of income, and emotional distress. The state also allows for the possibility of punitive damages where extreme misconduct can be proven. The payout range for wrongful death settlements in Colorado can vary significantly anywhere from thousands to millions of dollars, which is why it is hard to state an average settlement amount. The unique details of each case will play a significant role in determining what sort of settlement to expect. That is why it is so important to speak with a qualified wrongful death lawyer familiar with Colorado’s specific laws to help you navigate the legal complexities of these types of cases to ensure that your family will receive fair and just compensation.
Hiring An Attorney Near You To Assist With A Wrongful Death Claim
When you are dealing with the emotional grief of losing a loved one unexpectedly you need someone to provide support and fight your battle for you. Hiring an experienced wrongful death attorney can help to alleviate some of the stress involved with figuring out how you will move forward financially after your loved one has been taken from you. They will help with the investigation, gather necessary documents, and speak on your behalf towards the responsible parties. They will also negotiate to make sure you get the most substantial settlement possible.
It is very common for wrongful death claims to be resolved through negotiations rather than proceeding to trial. Much of the time insurance companies, hospitals, or other parties are looking for these types of cases to go away as quickly as possible. When representing a family your legal counsel will engage in discussions to reach a settlement that is agreeable to all parties involved. Settlements can offer a faster resolution, reducing the emotional strain on the grieving family, but when necessary an experienced personal injury lawyer is willing to go to trial for the sake of families receiving what is due to them.
Consulting with a nearby wrongful death attorney will also help you be aware of any deadlines that must be met. In the state of Colorado the statute of limitations for a wrongful death claim is typically two years. There are exceptions where this timeframe could be extended but the usual limit is to bring a wrongful death claim forward inside that two year mark. Failure to meet this deadline could result in a forfeiture of your claim.
By speaking with an experienced wrongful death lawyer they will be able to provide invaluable guidance, assistance with investigations, negotiation with opposing parties, and they will ensure that your rights are protected throughout the proceedings.
Contact A Wrongful Death Attorney In Colorado
Wrongful death settlements are a legal way for families who have lost a loved one due to the negligence or intentional actions of another party to be compensated in some small measure. Understanding the eligibility criteria, types of recoverable damages, and the legal processes involved is critical for those seeking justice and compensation. Moving on after the death of a loved one can be incredibly difficult and a fair and just settlement is meant to provide financial support and a sense of closure for a grieving family. If you find yourself in such a situation, seeking the advice of a compassionate and experienced wrongful death attorney can be the first step toward securing the justice your family deserves. If you live in or near Colorado Springs, Colorado we invite you to reach out to the team here at the Law Offices of Rodemer Kane. We are here to help people who have suffered the loss of a loved one by providing whatever support we can. Contact us online or call us at 719-437-7286 to set up a free consultation.