When a personal injury happens, the injured party has the right to seek accountability from the party responsible for causing the injury. A successful personal injury case in Arvada may yield full compensation for the victim’s economic losses as well as compensation for the pain and suffering they experienced. The goal of a personal injury case is for the victim to receive compensation they need to become as whole as possible again after their injury. Unfortunately, not all victims of personal injuries survive these experiences.
Compassionate Legal Counsel for Arvada, CO, Wrongful Death Cases
If your family has lost a loved one due to a fatal personal injury, you likely have grounds to file a wrongful death claim. This civil suit will effectively replace the personal injury claim the victim could have filed if they had survived their injury, providing the family with compensation for the impact the death has had. Money cannot replace or bring back a lost family member, but a successful wrongful death claim can provide the compensation the family needs to adjust to their new circumstances a bit easier.
The Law Firm of Jeremy Rosenthal has years of professional experience helping clients in Arvada and surrounding communities with all types of civil suits, including those pertaining to wrongful deaths. We know how tragic it can be to lose a loved one unexpectedly and the frustration that comes with knowing the death was the result of another party’s actions. Whatever your case entails, you can trust our firm to provide ongoing compassionate legal support through every stage of the case. Our goal is to help ensure accountability for the death and secure the compensation available to you under the state’s wrongful death laws.
Proving Liability for a Wrongful Death in Arvada
The first essential step in any wrongful death suit in Arvada is proving the cause of the death. You need to identify the party responsible for the death of your loved one and prove that their actions directly resulted in the death. A few of the most common causes of wrongful deaths in the state each year include:
- Motor vehicle accidents. Car, truck, and motorcycle accidents can happen in many ways, from distracted driving to speeding and driving under the influence (DUI). If a driver caused a fatal accident with your loved one, their insurance may only cover a fraction of the total damages your family suffered. Your Arvada wrongful death attorney can help file your civil claim against the at-fault driver for wrongful death.
- Slip-and-fall accidents. If your loved one died in a slip-and-fall accident on private property, the property owner could be liable under the state’s wrongful death laws. If the property owner failed to address a foreseeable safety hazard and a lawful guest suffered a fatal injury because of it, your Arvada wrongful death attorney can assist you in holding them accountable.
- Criminal actions. While most wrongful deaths are the results of negligence, or failure to use reasonable care, some result from intentional criminal actions. Driving under the influence and interpersonal violence may result in wrongful death, and the at-fault party faces not only civil liability for the family’s damages but also criminal charges. Causing another person’s death through an illegal action is likely to result in felony prosecution of the defendant; their sentence will escalate significantly.
These are only a few possibilities. No matter how your loved one’s death occurred, if another party is responsible for causing it, this is likely grounds for a wrongful death suit. If you are unsure whether you are eligible to file a wrongful death claim, it is important to consult an Arvada wrongful death attorney as soon as possible.
Compensation Available in a Wrongful Death Claim
The purpose of a personal injury case is for the victim to recover the compensation they need to recover as fully as possible from their injury. While a wrongful death case shares many similarities with a personal injury claim, the purpose of this type of civil action is to compensate the family of the victim for the impact of their loved one’s death. Damages in a wrongful death claim are generally divided into economic damages, the direct financial effects of the death, and non-economic damages, which pertain to the pain and suffering experienced by the surviving family.
The state’s wrongful death laws enable the plaintiff to claim compensation for the income the deceased could have earned if they survived and all other lost financial support they provided to their family. The family can also hold the defendant accountable for funeral and burial expenses and the cost of the victim’s final medical treatment. When it comes to pain and suffering, the family has the right to seek compensation for their grief, the loss of affection, care, and guidance provided by the deceased, and the emotional distress experienced from the unexpected death. Non-economic damages are capped in wrongful death cases, but your Arvada wrongful death attorney can help maximize this aspect of your family’s case award.
When you choose the Law Firm of Jeremy Rosenthal to represent your wrongful death suit, our goal is to help reach optimal results in the most efficient manner we can. We can work closely with you to help uncover all damages you can include in your claim and ensure your case meets all applicable court filing deadlines. Ultimately, every wrongful death suit is unique, and every family will face different challenges as they seek compensation for an untimely death of a loved one, but every claimant benefits by investing in trustworthy legal representation to guide them through their case proceedings.
Q: How Long Do I Have to File a Wrongful Death Suit?
A: The plaintiff filing a wrongful death claim in the state must do so within two years of the death. During the first year following the death, only the surviving spouse of the deceased may file a wrongful death claim. Alternatively, the spouse may allow the deceased’s children to file the claim, or they may join the children in filing the claim. If no one brings a wrongful death claim within this first year, any eligible beneficiaries may file the claim within the second year following the death. If you are unsure of your eligibility to file a wrongful death suit, it is vital to consult an Arvada wrongful death attorney as soon as possible so you can meet the statute of limitations.
Q: How Much Compensation Can I Recover for a Wrongful Death?
A: Colorado’s wrongful death statutes aim to allow the surviving family of the victim to recover the compensation they need to account for the financial impact of the death and to compensate their pain and suffering. The exact value of any wrongful death suit can vary based on multiple factors, and it is important for the victim and their family to work with reliable legal counsel if they want to maximize their case award.
Q: How Do I Prove Liability for a Wrongful Death in Arvada?
A: A wrongful death suit may be filed in response to any death caused by negligence, an intentional criminal act, or medical malpractice. Proving liability for the death will likely require a combination of physical evidence, digital evidence, witness testimony, and input from expert witnesses. Your Arvada wrongful death attorney will be essential for helping you build your case, including gathering the foundational evidence and testimony you will need to firmly prove liability for the death.
Q: Why Do I Need to Hire an Arvada Wrongful Death Attorney?
A: It is possible to file your wrongful death suit without hiring legal counsel, but you are unlikely to reach the same results as an experienced attorney would manage. If you tried to handle your case on your own, you would contend with strict filing deadlines and other procedural rules with the court, some of which you may be unable to properly address on your own. Even if you succeed with holding a defendant accountable, you will then risk settling for less compensation than you are legally allowed to claim. Hiring legal counsel improves your chances of success and helps you maximize your recovery.
Q: How Much Does It Cost to Hire an Arvada Wrongful Death Attorney?
A: You do not need to worry about expensive attorneys’ fees making your financial situation even worse when you choose the Law Firm of Jeremy Rosenthal to represent your wrongful death claim. Our firm can take your case on a contingency fee basis, only collecting a fee if and when we win your case. Additionally, our fee will be a percentage of the total case award, and you and your family will keep the rest. This billing policy makes our legal counsel accessible to those who need it most, regardless of their personal finances.
The Law Firm of Jeremy Rosenthal offers years of professional experience, extensive resources, and compassionate, skillful representation to every client we help in Arvada. We know how devastating a wrongful death can be for any family and the various challenges you are likely to face as you seek compensation for your loved one’s death. Our firm is ready to provide the comprehensive legal counsel you need to maximize your case award, so contact us today and schedule your free consultation with an Arvada wrongful death attorney you can trust.