Boulder Wrongful Death Lawyer

Boulder Wrongful Death Attorney

It can feel overwhelming to pursue a legal claim after you have lost a loved one in such an unexpected and devastating way. In the unfortunate case that you need a Boulder wrongful death lawyer, Cheney Galluzzi & Howard has you covered. We are available and ready to assist you in your personal injury claim as you seek legal support during this challenging time. With experience practicing law in Boulder and a relentless desire to pursue justice, we are here to partner with you.

What Is Wrongful Death?

Wrongful death occurs when an individual’s death is the tragic outcome of another party’s negligent, reckless, or intentional actions. Wrongful death is a layered and complicated occurrence that deserves careful and critical care when pursuing legal action. Below are the primary factors that influence a wrongful death.

Duty of Care: A main component of a wrongful death claim is for the plaintiff to establish that the defendant owed a duty of care to the deceased. This duty entails a legal responsibility for entities or individuals to act reasonably and prudently, aiming to prevent foreseeable harm to others. For instance, a medical doctor owes a duty of care to patients, providing the delivery of treatment and procedures meeting the standard expected of a competent healthcare provider in similar circumstances.

Breach of Duty: Once the duty of care is established, the plaintiff must demonstrate that the defendant failed to uphold this obligation to the deceased. This breach of duty can stem from the defendant’s reckless, negligent, or intentional conduct. For instance, negligence might manifest as a failure to adhere to safety protocols or exercise reasonable caution.

Causation: Crucially, the plaintiff must prove that the defendant’s breach of duty directly led to the death. This often includes comprehensive investigations involving the review of medical records, witness interviews, expert consultations, and more. Strong evidence is required to establish that the defendant’s actions or inactions significantly contributed to the fatal injury or event resulting in death.

Damages: It falls upon the plaintiff to demonstrate the compensable losses incurred as a consequence of the death. These losses encompass economic damages such as medical expenses, funeral costs, and loss of financial support, as well as non-economic damages such as pain and suffering, emotional distress, and more.

Standing: The plaintiff’s legal standing to pursue a wrongful death claim is paramount. They must be a spouse, child, or beneficiary directly connected to the deceased. Typically, family members such as siblings or cousins cannot pursue a wrongful death claim unless they are financially dependent on the deceased.

How Long Do I Have to File a Wrongful Death Claim in Boulder, Colorado?

In general, individuals have two years from the date of the death to file a wrongful death claim in Boulder, Colorado. The timeline on which individuals can pursue a legal claim is often referred to as the statute of limitations. There is an additional layer on the statute of limitations for wrongful death claims in Colorado as there are individuals tied to the deceased that hold first priority in the timeline.

In Colorado, the surviving spouse has the first priority of filing a claim. They are given the first year after the death to initiate legal action and are then followed by the second priority, which is children, and finally, the third are parents and other dependents. In the event that there is no surviving spouse, heirs and beneficiaries can pursue a claim first. It is a good general rule to pursue legal action as soon as possible to ensure you are operating within the designated timeline.

Why You Should Choose Cheney Galluzzi & Howard

If you are considering partnering with our team at Cheney Galluzzi & Howard, we would like to assure you that we will aggressively pursue the compensation you deserve. We are dedicated attorneys who fight relentlessly to see our clients recover from challenging situations from a variety of case types. Our office works on the following kinds of cases and more:

• Wrongful Death
• Personal Injury
• Sexual Assault
• Medical Malpractice
• Premises Liability
• Catastrophic Injury
• Motor Vehicle Accidents

We work to ensure our client’s goals and needs are met throughout the legal process while practically providing strategic legal counsel and support. Through our reviews and case results, you can learn more about our skilled team and how we prioritize you, our client.

The average person may not know what they have a legitimate claim to or how to go about getting it. We will confidently explore every avenue of compensation so you can be sure you are receiving all that you are entitled to in your claim.

Why You Need a Wrongful Death Attorney

Stepping in with legal understanding and experience, a wrongful death lawyer offers crucial support to surviving family members embroiled in legal proceedings. Here are practical ways in which an attorney can assist:

• Legal Consultation and Case Evaluation: In an initial consultation, an attorney provides tailored guidance and counsel, taking into account the unique circumstances of their client. They aim to explore all potential avenues for addressing the specific aspects of wrongful death while ensuring a comprehensive understanding of the client’s legal entitlements and rights.
• Thorough Investigation: A wrongful death attorney conducts a thorough investigation, scrutinizing the precise details surrounding the incident to establish fault, which is vital to supporting the client’s claim. By gathering evidence and reviewing documentation, they determine an appropriate amount of damages to pursue in negotiations and litigation.
• Thoughtful Negotiation: Many wrongful death claims are resolved through negotiations outside of court, often involving the plaintiff and the defendant’s insurance company. An attorney will skillfully negotiate and advocate for the client’s needs and rights. They advise their client on the fairness of negotiation offers and support them in rejecting unfair ones.
• Support Through Litigation: Should negotiations prove unsuccessful, the attorney accompanies their client to court to present their claim before a judge and jury. They resolutely represent the client’s case and desired litigation outcome.
• Defense of Rights: Throughout the entire process, the attorney works to uphold the client’s rights and responsibilities. They ensure that their client receives the treatment and trial they deserve, addressing any instances of inadequate treatment.

No matter the terms of your specific wrongful death claim, the support of a seasoned wrongful death attorney can prove essential. Through their understanding of local law and experience with negotiations and litigation, they are well-suited to represent your needs and truth in court. If you are considering a wrongful death claim today, contact the attorneys at Cheney Galluzzi & Howard.

FAQs About Boulder, CO Wrongful Death Laws

Q: How Much Is a Wrongful Death Lawsuit Worth in Colorado?

A: A wrongful death lawsuit in Colorado is worth the total losses the individual pursuing the claim has endured. This means that each wrongful death claim will result in a different amount of damages recovered, even in cases where the circumstances may be seen as similar.

Q: Who Can Sue Someone for a Wrongful Death in Colorado?

A: Individuals who can sue someone for a wrongful death in Colorado include the surviving spouse, children, and designated beneficiaries who meet the state’s specified criteria. If there was no spouse or children, a parent of the deceased could make a wrongful death claim. The directly related individuals who are severely impacted by the wrongful death and suffer losses, both financial and not, can file a wrongful death claim to recover their losses.

Q: What Is the Wrongful Death Cap in Colorado?

A: There is no specific wrongful death cap in Colorado, which means that there is no limit to the amount of compensation that can be awarded to surviving family members or beneficiaries in a wrongful death lawsuit. The goal of wrongful death settlements is to accurately compensate individuals for their losses, no matter the amount, as this is fair and just.

There are several impacts on the amount of compensation that can be awarded when it comes to specific insurance coverage details and the financial resources of the defendant.

Q: Who Are Wrongful Death Claims Usually Filed Against?

A: Wrongful death suits are usually filed against individuals and entities who are at fault for the death of another individual due to negligence or intentional action. Common examples of wrongful death cases include medical malpractice, defective products, car accidents, and more. An essential component of a wrongful death claim is that the plaintiff can prove that the defendant is at fault for the deceased’s death.

Contact a Local Boulder Wrongful Death Lawyer Today

It is understandable to want to take your time in determining the right law firm to partner with for your wrongful death claim. At Cheney Galluzzi & Howard, we will work to ensure you feel confident in our legal care of your case upon initial meeting. We invite you to reach out and set up a consultation today to learn how our team can assist you in these hard and challenging circumstances. Together, we can successfully find justice for you and your family.

Wrongful death circumstances can be very complex, making it essential that you partner with an attorney who is highly experienced in this area of law.