Arvada Wrongful Death Lawyer

Arvada Wrongful Death Attorney

In the unfortunate event that you are seeking out the support of a local Arvada wrongful death lawyer, Cheney Galluzzi & Howard is here to help. No matter the situation leading to a wrongful death, our team understands the overwhelming and devastating impacts of this unfortunate situation on all surviving family members. Through our experience practicing law and navigating wrongful death claims, we offer our clients a well-rounded, personalized approach to legal care.

Why You Should Choose Cheney Galluzzi & Howard

At Cheney Galluzzi & Howard, we understand that life unfolds in unplanned and unexpected ways. We work to support you during the hard and unexpected moments, providing legal care and counsel. Our law firm works on a variety of claims, such as:

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

Our practice has brought essential resolution and justice to many clients, and we continue to treat each case with dedicated care and attention. We’ve worked with many clients to secure settlements for their damages so they might recover with all of their financial needs provided for. We work tirelessly to pursue essential and creative avenues to restore and uplift justice and our client’s rights.

What Is Wrongful Death?

Wrongful death is when an individual is killed due to another individual or entity’s negligent, reckless, or intentional actions. This happens in various scenarios, such as car accidents, medical malpractice, workplace accidents, criminal acts, or defective products. In the event of wrongful death, surviving family members and beneficiaries can pursue a civil claim to seek compensation from the responsible party.

Compensation in a wrongful death case can be sought to cover damages for economic and non-economic damages such as lost wages, loss of future wages, medical expenses, pain and suffering, emotional distress, loss of companionship, and more. While it may seem impossible to place a monetary amount on an individual’s life, the hope of wrongful death damages is to financially care for the parties that are immediately impacted by this unfortunate loss.

Wrongful death law seeks to promote accountability and deter negligence and reckless behavior that can lead to harm and loss of life. By upholding the duty of care and imposing liability on those responsible for wrongful deaths, the legal system aims to encourage entities and individuals to act responsibly and safely in their interactions and care for others to help prevent similar tragedies from happening in the future.

How a Wrongful Death Lawyer Can Help

A wrongful death attorney can offer invaluable assistance to surviving family members and beneficiaries in claims in several ways, including the following:

• Legal Consultation and Case Evaluation: Upon an initial consultation, an attorney can provide guidance and tailored advice based on their client’s unique circumstances. They will work to ensure their clients understand all potential options and avenues of pursuing legal action due to their specific wrongful death situation while understanding their legal rights.
• Investigation: A wrongful death lawyer will initiate a thorough investigation into the specific circumstances of the wrongful death, working to prove fault and negligence to support their client’s case. They will gather evidence, review all documentation, and pursue a thorough understanding of the implications of the wrongful death in their client’s life to find a fair settlement amount.
• Negotiation: Wrongful death cases can be resolved through an out-of-court settlement process. An attorney works to negotiate with insurance providers and opposing parties to seek a just and fair settlement that adequately compensates their clients for their losses.
• Litigation: If a settlement is not reached through negotiations out of court, the case will move to litigation, where an attorney will present their client’s case in front of a judge and jury to reach a fair settlement.

How Wrongful Death Settlements Are Determined

The determination process on whether a wrongful death settlement is awarded, and if so, for what amount, examines various details of the case. Below is a list of these contributing factors:

• Liability: Liability is determined by examining the extent to which the defendant is proven to be legally responsible for the death. This is established by proving negligence, recklessness, or intentional misconduct. Establishing liability is an essential determining factor on whether a wrongful death settlement is awarded, and we will look into factors such as duty of care, official documentation, eyewitness statements, and more.
• Economic Damages: An evaluation of all economic damages includes understanding the scope of all financial losses incurred as a result of the death. This calculation encompasses medical expenses, funeral and burial costs, lost benefits and wages, and the loss of future earnings.
• Non-Economic Damages: Non-economic damages encompass all intangible losses suffered by surviving family members due to their loss, including pain and suffering, emotional distress, loss of companionships, and more. Determining a monetary value for these losses tends to be quite subjective and varies based on the circumstances of each case, making it essential to employ the legal support of an attorney to fight for accurate damage recovery.
• Punitive Damages: In certain cases where the defendant is responsible for particularly egregious conduct, punitive damages can be awarded to punish the defendant. Punitive damages are not always awarded in every wrongful death case as it requires evidence of extreme misconduct which can be challenging to prove.
• Contributory Fault: Contributory fault can reduce the damage award amount depending on the degree of fault that can be attributed to the deceased or their surviving family members.
• Insurance Coverage: The details of insurance coverage held by the defendant or other liable parties can potentially impact the settlement amount.

There are several factors that contribute towards the overall determination if a settlement is awarded and what specific amount is deemed acceptable. The support of an experienced and thorough wrongful death attorney proves essential and helpful in negotiations and determinations. They are able to use their legal understanding and negotiation skills to proactively pursue a fair and just settlement.

FAQs

Q: What Are the Damages for Wrongful Death in Colorado?

A: The damages for wrongful death in Colorado can include both economic, non-economic, and punitive damages. Damages include the plaintiff’s claimed losses. The deceased person’s surviving family can recover the financial losses associated with the death, like funeral and burial expenses, income and compensation that the deceased individuals would have earned if they had been living, and intangible losses like grief, pain and suffering, emotional distress, and more.

Q: Who Are the Heirs in Wrongful Death Claims in Colorado?

A: The heirs in wrongful death claims in Colorado include the deceased person’s surviving spouse, children, and any eligible designated beneficiaries. There are Colorado-specific guidelines on when and who can pursue a wrongful death claim.

In the first year following a wrongful death, the surviving spouse can pursue a claim and can elect to allow the deceased children to also file a claim. In the second year following the death, the deceased spouse, children, or any eligible beneficiaries can file a claim.

Q: Who Can Sue for Wrongful Death in Colorado?

A: Individuals who can sue for wrongful death in Colorado include the surviving spouse, children, and designated beneficiaries who are deemed eligible. The state delineates specific criteria dictating who may bring forth a wrongful death claim and when. The parents of the deceased can also seek a wrongful death claim within two years if there wasn’t a spouse or children.

Q: Who Can Recover for Wrongful Death in Colorado?

A: Individuals who can recover for wrongful death in Colorado include the surviving spouse, children, parents, and qualified heirs such as grandchildren. The surviving individuals pursuing the wrongful death claim will receive the damage recovery they are legally pursuing and can choose to distribute between other surviving individuals but would not be legally bound to do so unless this is a part of their claims recovery terms.

Q: How Are Wrongful Death Settlements Calculated?

A: Wrongful death settlements are calculated by reviewing several factors, such as economic and non-economic damages, punitive damages, jurisdiction implications, and degree of fault. The calculation of a wrongful death settlement is a thorough and complex process that requires careful consideration and investigation of the numerous applicable factors.

Contact an Arvada Wrongful Death Lawyer Today

Navigating an unimaginable loss while pursuing a wrongful death claim and all of the complexities that follow can feel overwhelming. The team at Cheney Galluzzi & Howard has compassionate and experienced wrongful death lawyers who are here to guide you each step of the way. It is our unwavering dedication to pursue justice and secure fair compensation for your losses. We seek to ensure every venue to compensation is thoroughly explored.

Reach out today to set up a consultation and allow us to alleviate the stress and concern that can come with handling the details of a wrongful death legal claim. Our experienced team is dedicated to providing thorough, consistent, and proactive representation that works to uplift your rights and accurately represent your needs through each step of the process.