The loss of a loved one can have a profound impact on the decedent’s family. These unexpected events can result in costly medical bills, expensive funeral costs, and lost income due to the death of a wage earner. An unexpected death can be even more difficult to deal with when it was the result of someone else’s recklessness or carelessness.
If you have lost a family member due to another party’s actions, a Longmont wrongful death lawyer could help you evaluate your legal options. A dedicated attorney could help you pursue the compensation you deserve and seek justice for your loved one.
When a fatal accident occurs, a decedent may seek compensation under certain circumstances. Under Colorado Revised Statute § 13-21-201, a wrongful death lawsuit is appropriate when a death is the product of another party’s negligence, unskillfulness, or criminal act.
Only certain individuals can serve as plaintiffs in wrongful death cases. For the first year after the death, a surviving spouse has the first opportunity to seek compensation. If there is no surviving spouse, the decedent’s children may pursue payments. If no party comes forward during this first year, children or a designated beneficiary may act as a plaintiff without the approval of a spouse. A knowledgeable attorney could help a decedent take legal action after a fatal accident in Longmont.
CO Rev. Stat. § 13-21-203 describes the compensation that plaintiffs may pursue in a wrongful death suit. Under the statute, plaintiffs can demand payments for the economic losses that result from the death. This could include medical bills, funeral costs, and lost wages.
A plaintiff can also seek compensation for non-economic damages. Pain and suffering, loss of consortium, and grief are all examples of non-economic damages. It is important to note that state law places a maximum cap on pain and suffering of $571,870.00 in most cases. A Longmont wrongful death attorney could provide more information about the legal requirements of a wrongful death lawsuit.
Traffic collisions, slips and falls, and medical malpractice are all examples of accidents that could lead to fatal injuries. Here, a seasoned attorney could help gather evidence concerning the incident, fit that evidence within the state’s negligence laws, and demand proper payments from defendants and insurance companies.
While most wrongful death cases arise from accidents, it is also possible for these cases to result from violence. Even if a police department arrests the attacker and a criminal court convicts them for a crime, this will not result in the receipt of compensation. Instead, family members must pursue a civil suit against the at-fault party. While a conviction in criminal court can certainly aid these civil cases, it is not necessary when demanding compensation. An attorney could help to track a criminal case in Longmont to determine if the outcome may be helpful in a civil wrongful death case.
If you have lost a loved one to the acts of another, you may be unsure of who to turn to. A Longmont wrongful death lawyer is ready to help you. A compassionate attorney could take every necessary step to prove fault for the incident, demonstrate losses, and seek out fair compensation on your behalf.
You do not have to handle this difficult time alone. Reach out today to schedule a consultation with a dedicated legal professional.