Broomfield Wrongful Death Lawyer

Broomfield Wrongful Death Attorney

If someone’s negligence or illegal misconduct harms another person, it can form the basis of a personal injury claim. However, if the victim does not survive the incident, their surviving family would need to pursue a wrongful death suit against whoever caused the fatal injury. If you believe you have grounds for a wrongful death claim, it is vital to consult an experienced Broomfield wrongful death lawyer as quickly as possible.

Compassionate Wrongful Death Counsel in Broomfield, CO

The team at Cheney Galluzzi & Howard has years of professional experience representing clients in Broomfield and surrounding communities of Colorado in all types of civil suits, including wrongful death claims. These cases are emotionally stressful for any family, and it is natural for anyone who intends to pursue a wrongful death suit to have many pressing legal questions they will not be able to answer on their own.

When you choose our firm to represent your case, you are investing in a legal advocate who knows all the legal mechanisms that are likely to come into play in your case and who can answer any questions you have as they arise throughout your case proceedings. Our goal in your wrongful death suit is to help you reach a positive outcome and recover the compensation your family needs to adjust to your new reality more easily.

Your Wrongful Death Lawyer Can Take Care of all the Details

Success with your wrongful death suit will require extensive evidence gathering, close attention to detail, and a firm understanding of the damages you are eligible to claim from the at-fault party. The team at Cheney Galluzzi & Howard has years of experience handling a wide range of complex cases, and we are prepared to leverage our experience in your wrongful death suit. It’s vital to start building your case as quickly as possible to ensure the greatest chance for success.

Building a Wrongful Death Claim in Broomfield

The foundation of a wrongful death suit is an act of negligence or illegal misconduct that has resulted in your family member’s death. Motor vehicle accidents, medical malpractice, and work-related accidents are just a few of the most commonly cited causes of wrongful deaths in Broomfield each year. You will need to accurately identify the party or parties you believe to be responsible for causing the death and then prove how they caused the death.

Colorado also enforces strict rules pertaining to eligibility to file a wrongful death suit. During the first year following a wrongful death, only the surviving spouse has the right to file a wrongful death claim, or the surviving children of the deceased may file the claim if there is no surviving spouse. After the first year, other close family and/or beneficiaries of the deceased may join the surviving spouse and/or children in filing the claim.

You may need to prove that the defendant caused the death through an act of negligence, meaning they failed to act with reasonable care in a specific situation, and this act of negligence directly caused the death. Alternatively, you may need to prove that the defendant broke the law in causing the death. In this situation, the defendant is likely to face criminal prosecution from the state along with your family’s wrongful death claim in civil court.

You Need to Understand the State’s Modified Comparative Negligence Rule

It is also important to understand Colorado’s modified comparative negligence rule and determine whether this could apply to your case. Under this rule, if a plaintiff is found partially liable for causing the damages cited in a civil suit, their case award will be reduced by a percentage corresponding to their percentage of fault. However, a plaintiff’s fault over 50% will disqualify them from seeking compensation from any other liable party.

If your loved one contributed to causing the fatal incident, it could diminish your recovery. Conversely, if the defendant in your case broke the law in causing the death, it could enhance your recovery beyond the economic and non-economic damages your family recovers in the form of restitution and/or punitive damages. Your Broomfield wrongful death lawyer can explain any such issues that may arise in your case.

Resolving Your Wrongful Death Suit in Broomfield

After establishing liability for the wrongful death, the plaintiff filing the wrongful death suit must show the scope of damages the defendant inflicted on the surviving family. Like most other personal injury claims, it is possible for wrongful death claims to yield compensation for various types of economic damages along with compensation for non-economic damages. Your attorney can explain all the various forms of compensation you could recover.

Economic damages are more straightforward and include any direct financial losses related to the death. These can include funeral and burial expenses, medical expenses for treatment of the deceased’s final injury, and lost financial support that the deceased can no longer provide to their family. Non-economic damages include pain and suffering and the family’s emotional loss, but non-economic damages are capped by state law.

When a defendant accepts liability for a wrongful death, it is possible to resolve this case privately through a settlement negotiation process. However, it is not always an option, and it is also possible for settlement negotiations to fail for many possible reasons. Your Broomfield wrongful death lawyer can assist you in resolving your claim as efficiently as possible. If you must litigate, you can count on your attorney to represent you in the courtroom.

Cheney Galluzzi & Howard strives to help every client resolve their case as efficiently as possible while ensuring optimal results in terms of recovery. You may be initially unaware of all the various damages you could recover from the defendant, and our goal is to help you clarify these issues and maximize your case award. You have a limited time to file your claim, so it is vital that you connect with a Broomfield wrongful death lawyer as quickly as possible.

FAQs for Broomfield, CO Wrongful Death Laws

Q: How Do I Prove Fault for a Wrongful Death in Broomfield, CO?

A: You can prove fault for wrongful death in Broomfield by gathering various forms of digital and physical evidence along with witness testimony from anyone who saw the fatal event occur. The evidence you may need will vary based on how the death occurred. Your Broomfield wrongful death lawyer can be an essential asset when it comes to gathering evidence that you may not know how to secure on your own.

Q: How Much Is My Wrongful Death Claim Worth in Broomfield?

A: The total value of a wrongful death claim in Broomfield may include several types of economic damages as well as compensation for pain and suffering. The surviving family of the deceased will have the right to seek full repayment of any economic losses resulting from the death, and they will also have the right to claim pain and suffering compensation up to the limit enforced by state law. Your attorney can estimate the total potential value of your claim.

Q: How Do I Prove Fault for a Wrongful Death in Broomfield?

A: You can prove fault for a wrongful death in Broomfield by leveraging available evidence and testimony from any witnesses who saw the death occur. The evidence you will need will vary based on the nature of the fatal incident. For example, if your loved one died in a fatal car accident, traffic camera recordings and driver cell phone data could be crucial for proving fault for the accident and holding the correct party or parties accountable.

Q: Will a Defendant Go to Jail for Causing a Wrongful Death?

A: A defendant may go to jail and face additional penalties for causing a wrongful death if they caused the death through an illegal action. When a wrongful death happens because of negligence, the defendant faces civil liability for the surviving family’s damages, but if a wrongful death happens because of illegal misconduct of any kind, the defendant faces criminal charges from the state alongside the wrongful death suit from the victim’s family.

Q: What Will It Cost to Hire a Broomfield Wrongful Death Lawyer?

A: The cost to hire a Broomfield wrongful death lawyer will depend on the lawyer’s billing policy. Cheney Galluzzi & Howard offers contingency fee billing for wrongful death suits and other personal injury cases in Broomfield, meaning our client only pays a percentage of their final award as our fee after we have won their case. There is no fee at all if we are unable to obtain a recovery for our client.

The right legal team can have a tremendous positive impact on the outcome of a wrongful death suit. If you are unsure how to proceed with your legal efforts and need a trustworthy attorney, Cheney Galluzzi & Howard is ready to assist you. We have years of experience handling these cases, and we’re ready to provide the compassionate legal counsel you need in this difficult time. Contact us today to schedule your free consultation with a Broomfield wrongful death lawyer.