Aurora Wrongful Death Lawyer

Aurora Wrongful Death Attorney

Should you find yourself in need of the support of an Aurora wrongful death lawyer, rest assured that the law firm of Cheney Galluzzi & Howard stands ready to assist you. Regardless of the circumstances surrounding your tragic loss, we recognize the profound and distressing effects it can have on surviving loved ones.

Drawing upon our legal understanding and extensive experience, we are adept at handling wrongful death cases and providing our clients with tailored and compassionate legal care and representation. Our commitment to our clients extends beyond the courtroom as we strive to provide guidance and comfort during this challenging time.

What Is Wrongful Death?

Wrongful death is the unfortunate circumstance that an individual’s death is a result of another party’s negligent, reckless, or intentional action. Below, explore the major factors that impact a wrongful death claim.

• Duty of Care: It is essential that the plaintiff demonstrate and prove that the defendant held a duty of care to the deceased individual. A duty of care means the individual is legally obliged to act and work reasonably and responsibly in order to avoid causing harm to others.For example, a doctor owes a duty of care to their patients to perform their duties like surgery, administering treatment, and completing checkups that meet and adhere to a standard of care that would be expected of a reasonably competent healthcare provider operating in the same field under similar circumstances.
• Breach of Duty: Once establishing a duty of care, a plaintiff must prove that the defendant did not uphold their duty of care to the deceased. This breach of duty can be due to reckless, negligent, or intentional actions by the defendant. For example, in the event of negligence, the defendant failed to follow safety protocol and regulations or exercise reasonable caution.
• Causation: Ultimately, the plaintiff has to prove that the breach of the defendant’s duty of care to the deceased directly caused the death. This often requires thorough investigations reviewing medical documentation, interviewing eyewitnesses, consulting with industry professionals, and more. It must be strongly proven that the defendant’s actions or non-actions substantially contributed to the fatal injury and/or event leading to death.
• Damages: It is the job of the plaintiff to prove that they have endured compensable damages as a result of the death. The damages include economic loss, such as medical bills, funeral costs, loss of financial support, and non-economic loss, such as pain and suffering, emotional distress, and more.
• Standing: The legal standing the plaintiff holds to pursue a wrongful death claim is important. They must be a spouse, child, or beneficiary who was immediately connected to the deceased. Family members such as siblings or cousins are typically not able to pursue a wrongful death claim unless they are a dependent of the deceased.

Why You Need a Wrongful Death Attorney

A wrongful death lawyer steps in with legal understanding and experience to provide the essential support surviving family members need as they proceed with a legal claim. Below are practical ways an attorney can help:

• Legal Consultation and Case Evaluation: During an initial consultation, an attorney offers personalized guidance and counsel tailored to the individual circumstances of their client. They aim to provide insight into all potential courses of action available to address 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 will lead a meticulous investigation that examines the precise and specific details surrounding the incident and aims to establish fault that is crucial to supporting the client’s claim. Through gathering evidence, reviewing documentation, and delving deeply into the ramifications of the wrongful death case, they will determine a fair settlement amount to pursue in negotiations and litigation.
• Thoughtful Negotiation: Some wrongful death claims are settled outside of courtrooms through negotiations, often between the plaintiff and the defendant’s insurance company. An attorney will engage in a fair negotiation process that does not diminish the severity of the case and uplifts the client’s needs and rights. An attorney will advise their client if a negotiation offer is fair or not and support them to not accept unfair offers.
• Support Through Litigation: In the event that negotiations are unsuccessful, a client will be joined by their attorney in court to present their claim in front of a judge and jury. The attorney will skillfully represent their client’s case and their desired result of litigation.
• Defending of Rights: Throughout the entire process, an attorney will work to uplift their client’s rights and responsibilities. They are aware of the type of treatment and trial their client is owed and will work to ensure any less treatment is addressed.

Why You Should Choose Cheney Galluzzi & Howard

The team at Cheney Galluzzi & Howard is equipped to fight for their client’s rights and a fair trial in wrongful death claims in Aurora, CO. We understand the gravity and unfortunate reality of what this type of loss means to people and the real-life implications of losing a loved one in this way. We stand for justice and fair treatment and work tirelessly on all of our cases to ensure our client’s voices are heard.

We understand the impact that tragic loss has on our clients, and when unexpected emergencies and circumstances emerge, we are here to help. Our team works on a wide scope of cases, which allows us to draw from varied legal experiences to address the needs of our clients fully. Our team works on the following types of claims:

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

By enlisting the support of a Cheney Galluzzi & Howard attorney, you are choosing to partner with a strong and determined legal advocate. We have worked with many clients to receive damages they are owed after serious injury and permanent physical damage, and we work with the same vigor and resolve in each of our cases.

FAQs About Aurora, CO Wrongful Death Laws

Q: What Are the Elements of a Wrongful Death Lawsuit?

A: The elements of a wrongful death lawsuit include establishing duty of care, breach of duty, causation, damages, legal standing, and more. It is essential to prove fault due to negligence, recklessness, or an intentional act, in a wrongful death lawsuit to recover damages.

Q: What Is Wrongful Death Action in Law?

A: Wrongful death action in law refers to a legal claim that surviving family members or beneficiaries of a deceased individual are pursuing against an at-fault party. Wrongful death action in law provides a legal space for surviving relatives to seek compensation for their losses and hold the responsible party legally accountable for their actions that lead to the loss of their family member. This type of legal action often requires careful and extensive investigation, evidence, and clear liability.

Q: Who Has the Right to Sue for Wrongful Death in Colorado?

A: The right to sue for wrongful death in Colorado goes to surviving spouses, children, and beneficiaries of the deceased. These individuals who are intensely impacted and suffer losses both monetarily and non-monetarily can pursue a wrongful death claim to recover damages. More distant relatives, such as siblings, cousins, and others, who were not directly dependent on the deceased individual may not file a wrongful death claim but can pursue other legal avenues to seek damage recovery.

Q: How Are Wrongful Death Settlements Calculated?

A: Wrongful death settlements are calculated by understanding the losses suffered by the plaintiff at large, such as lost wages, medical expenses, loss of future earnings, burial and funeral expenses, pain and suffering, emotional distress, punitive damages, fault, insurance coverage, and more. There are many considerations that make up the total amount of damages recovered by the plaintiff, making an at-large calculation quite a challenging and lengthy process.

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

A: Heirs in wrongful death claims in Colorado are typically identified as individuals who are entitled to receive compensation or damages related to the wrongful death of a loved one. Often, an heir is a surviving spouse, child, parent, or dependent of the deceased individual. Other related individuals, such as siblings and cousins, are typically not considered heirs but do hold other legal options when looking to pursue justice and damages due to wrongful death.

Contact a Local Aurora Wrongful Death Lawyer Today

Dealing with the unfortunate aftermath of an incomprehensible loss while navigating the complexities of a wrongful death claim can be an immense challenge. At Cheney Galluzzi & Howard, our firm has a team of empathetic and seasoned wrongful death attorneys ready to assist you. We are steadfastly committed to seeking justice and securing equitable compensation for your hardships.

Take the first step today by scheduling a consultation with us, and allow us to ease the burden and anxiety associated with managing the intricacies of a wrongful death legal claim. With our support, you can expect comprehensive, proactive, and unwavering representation that prioritizes your rights and addresses your concerns throughout the entire process.