When someone sustains a physical injury and/or economic loss because of the actions of another party, it can form the basis for a personal injury suit. This civil claim seeks accountability for the harm done and compensation for the victim’s damages. If the victim does not survive, their family will need to pursue a wrongful death suit. A Colorado Springs wrongful death lawyer can be an invaluable asset if you believe you have grounds to file this type of personal injury claim.
The team at Cheney Galluzzi & Howard offers compassionate and responsive legal representation for wrongful death suits in Colorado Springs and surrounding communities. Throughout the years of our firm’s operation, we have successfully helped many clients prove fault for their loved ones’ untimely deaths and held the appropriate parties accountable for the damage they have done.
If you believe you have grounds to file a wrongful death suit against any party, you need to consult a Colorado Springs wrongful death lawyer right away. Even if your case seems straightforward, any wrongful death case has the potential to escalate into a complex affair that you will likely be unable to resolve on your own.
Having trusted legal counsel increases your chance of success with the claim and the chance of maximizing your final award. Your wrongful death lawyer can not only streamline your case and reduce the time it takes for your family to receive a case award, but they can also help uncover avenues of compensation that you may not have realized were available to you.
We approach every wrongful death suit we accept with the goal of helping our client fully recover. No matter how your loved one’s death occurred, you will be able to rely on our team for comprehensive support through every phase of your case, from gathering the evidence needed to prove liability to uncovering all the various channels of compensation you can legally pursue to enhance your case award as much as state law allows.
To succeed with your wrongful death claim in Colorado Springs, you must first identify the party or parties you believe to have caused your loved one’s death and prove how they caused the death. You must also meet Colorado’s requirements for eligibility to file a wrongful death claim. During the first year following a wrongful death, only the surviving spouse or children of the deceased may be able to file the claim.
Some of the most commonly cited causes of wrongful deaths in Colorado Springs include motor vehicle accidents, medical malpractice, and workplace accidents. The evidence you will need to prove fault will vary based on the nature of the fatal event, and some of this evidence could seem out of reach until you have an experienced attorney representing you. Your legal team will help gather the proof of liability you need to proceed with your claim.
Your Colorado Springs wrongful death lawyer can help identify the defendant or defendants responsible for causing your loved one’s death and gather the evidence needed to firmly prove liability. Once you accomplish this, you can start to determine the full scope of the damages you can seek with your claim. It is important to remember that you must establish causation for your damages, meaning you need to prove the defendant directly caused them.
The main objective of your wrongful death suit in Colorado Springs is to prove exactly how the death occurred and to prove the full scope of the damages your family suffered because of the death. Money from a lawsuit will not replace your lost loved one, but a suitable case award will help you feel a sense of closure and assist your family’s adjustment to your new circumstances.
The purpose of a personal injury claim is for the plaintiff to be made as whole as possible again, and in most cases, it will mean claiming compensation for economic and non-economic damages that a defendant caused. While a personal injury suit seeks compensation for the victim’s damages, a wrongful death claim focuses on the losses suffered by the surviving family of the deceased.
Economic damages you could recover from a wrongful death suit can include funeral and burial expenses, compensation for the financial support the deceased can no longer provide to their family, and repayment of any losses sustained by the estate of the deceased, such as their final medical expenses. Non-economic damages are more subjective, and this aspect of the case award will be limited under Colorado law.
The plaintiff in a wrongful death suit has the right to seek compensation for the pain and suffering the victim experienced prior to their death; they are also able to claim compensation for the family’s emotional loss. Your Colorado Springs wrongful death lawyer can help you maximize this aspect of your case award as much as state law allows. Depending on how the death occurred, other damages may also factor into your final award.
If the defendant in your claim broke the law in causing your loved one’s death, such as by causing an accident while driving under the influence of drugs or alcohol or by an intentional act of violence, they are likely to face criminal prosecution from the state. Their penalties in sentencing will be enhanced due to causing fatal harm, and this could also yield restitution or punitive damages to the family of the victim.
Ultimately, any wrongful death claim can evolve into a complex legal affair, and it is vital to have legal representation on your side if you want to navigate this type of case successfully. Cheney Galluzzi & Howard has the experience and professional resources necessary to handle the most challenging wrongful death suits with confidence, and we are ready to apply our experience to handling your case in Colorado Springs.
A: In Colorado Springs, the value of your wrongful death lawsuit will vary based on multiple factors. The plaintiff in a wrongful death suit has the right to claim compensation for all economic damages related to the death; they are also permitted to seek compensation for pain and suffering and the family’s emotional loss. However, these non-economic damages are capped by state law.
A: You can prove fault for a wrongful death in Colorado Springs by leveraging all available evidence along with witness testimony from anyone who saw the fatal event occur. The evidence you may need to prove fault will vary based on the nature of the fatal event, and your attorney can provide valuable guidance in building your case. They may also be able to help recover evidence that you may not know how to secure on your own.
A: Comparative fault may apply to a wrongful death suit if the facts of the case show that the deceased victim contributed to causing the fatal incident. Colorado follows the modified comparative fault rule, so as long as the victim was less than 50% at fault, their fault percentage is deducted as a penalty from the case award. Fault over 50% would nullify the ability to claim compensation from any other liable party.
A: You need a Colorado Springs wrongful death lawyer because you are significantly more likely to not only succeed with your claim but also maximize your compensation if you have the right attorney assisting you. Your wrongful death lawyer can help you meet the procedural requirements of your case, uncover all the various forms of compensation you can seek from the defendant, and help resolve the case more quickly than you could manage alone.
A: The cost to hire a wrongful death lawyer will only be a percentage of your total case award if you choose Cheney Galluzzi & Howard to represent you. Our firm accepts all personal injury cases, including wrongful death claims, on a contingency fee basis. This means our fee will be a percentage of whatever compensation we recover for you. If we can’t obtain a recovery for you, there is no fee for our representation.
Cheney Galluzzi & Howard can provide the compassionate and results-driven legal counsel you want on your side for your impending wrongful death suit. We have years of experience resolving these cases on behalf of clients in Colorado Springs, and we are ready to put this experience to work for you in your impending case. Contact us today and schedule a free consultation with a Colorado Springs wrongful death lawyer to learn how we can assist you.
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