Nothing is more painful than the death of a loved one. For families of wrongful death victims, this pain is magnified. They face not only unbearable grief but financial devastation as well. Here at Cheney Galluzzi & Howard, our Westminster wrongful death lawyers understand just how difficult this time can be on families.
Our legal team offers a compassionate shoulder to cry on while also providing sound legal advice when a family’s loved one has been killed due to intentional or negligent acts by others. For many years, we have successfully litigated wrongful death claims for victims of Westminster and are prepared to go to battle for your family, too.
Hiring a wrongful death attorney in Westminster is crucial to effectively handling your case, protecting your rights, and securing the compensation you deserve. Our personal injury attorneys are well-versed in state laws and legal procedures, enabling us to build a comprehensive case for you. We handle all aspects of the legal process, including gathering evidence, negotiating with insurance companies, and representing you in court.
By hiring us, you can alleviate some of the emotional burden and stress, allowing you to focus on grieving and remembering your loved one. We strive to ensure you receive fair compensation for medical bills, funeral expenses, lost income, and other damages caused by the accident. Don’t delay. Hiring our law firm significantly increases your chances of obtaining the justice and closure you need for your family’s future.
Wrongful death cases in Colorado encompass more than the commonly thought-of scenarios like car accidents, workplace accidents, or medical malpractice. Here are other categories where wrongful death claims may arise.
Elderly residents in nursing homes are vulnerable to neglect and abuse, leading to wrongful death. This can occur due to inadequate medical care, failure to provide proper nutrition and hydration, physical abuse, and neglect of basic needs. Nursing home staff or administration may be liable if their negligence results in a resident’s death.
Pedestrian and cycling fatalities often seem to be particularly prevalent and conspicuous in urban settings, and wrongful death claims often arise when drivers fail to yield the right-of-way, drive inattentively, or are distracted behind the wheel and cause fatal accidents by striking a pedestrian or cyclist. Survivors, such as spouses, parents, or such, of a pedestrian or cyclist fatally injured by a driver’s negligence may make wrongful death claims.
Wrongful deaths can also occur as a result of criminal actions, such as an assault, a robbery, or even a homicide. In these types of cases, the victim’s death, whether by intent or through conscious disregard for another’s safety, was created by the defendant and can result in sanctions, including imprisonment, in addition to monetary damages claimed for a wrongful death. In these cases, it’s the criminal actions that are punished through the legal system.
Defective or dangerous products can lead to fatal injuries. Examples include malfunctioning household appliances, unsafe prescription drugs, and hazardous children’s toys. Manufacturers, distributors, and retailers can be held accountable for failing to ensure product safety.
The deceased’s family members can seek certain forms of redress in a wrongful death case, including medical expenses incurred before death, funeral and burial expenses, lost wages and benefits, loss of consortium, and damages for the deceased’s pain and suffering. With the assistance of an experienced wrongful death attorney, you might be able to obtain all of these forms of damages.
In Colorado, the timeframe for opening a wrongful death claim is generally two years from the individual’s death. It is vital to initiate the legal process within this period to retain the right to pursue compensation. Promptly consulting a wrongful death attorney can help ensure all legal deadlines and obligations are met.
A: In Colorado, you need to be the surviving spouse only in the first year after the decedent’s death to have the right to sue for wrongful death. After that, if there is no spouse, the deceased’s children are usually allowed to file the claim. Then, in the second year, any of the survivors — spouse, children, or designated beneficiary — can bring it.
If none of those exist, a claim can be brought by the decedent’s parents.
A: No, siblings typically do not have the right to sue for wrongful death in Colorado. The right to start a wrongful death case is confined to the deceased person’s surviving spouse, children, or parents. Even if there is no spouse, children, or parents surviving, the right to sue does not typically extend to siblings or other relatives.
A: The measure of compensatory damages in wrongful death suits is economic and non-economic loss. Economic loss consists of the medical bills of the injured person, funeral expenses, and the loss of the victim’s earnings. Non-economic loss comprises pain and suffering or emotional distress and the loss of consortium (companionship). This compensation is intended to compensate the survivors for their financial and emotional damages.
A: A personal representative (also known as an executor) is appointed to manage the deceased person’s estate in a wrongful death case in the state. Their role is to manage any recovery and distribute the proceeds by the decedent’s will or, if none, by the state intestacy laws. They are also responsible for filing the lawsuit.
If you believe your loved one died due to someone else’s negligence or wrongful actions, it is crucial to consult with a wrongful death lawyer to understand the legal framework governing your case. Understanding the circumstances surrounding these tragedies emphasizes the importance of holding those responsible accountable and preventing such incidents from happening again.
Contact our office today to schedule a consultation and take the first step toward seeking justice for your loved one.
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