Personal injury statutes exist to provide an injured victim with an avenue for legal recourse after another party has injured them or caused them economic harm. When the victim of a personal injury dies due to the defendant’s actions, a wrongful death claim filed by the victim’s family can replace the personal injury claim the victim could have filed had they survived.
A wrongful death claim can be an incredibly challenging experience for any family. When you have suddenly lost a loved one due to another party’s negligent actions, it is only natural to experience a combination of anger, guilt, and confusion about what to do next. At the Law Firm of Jeremy Rosenthal, our team can provide the compassionate legal guidance and experienced insights you need to navigate a wrongful death claim with confidence.
Why Choose the Law Firm of Jeremy Rosenthal for Wrongful Death Representation?
It is essential to find an Aurora wrongful death lawyer who has experience handling the type of claim you currently face. Your legal representative should be able to provide you with a clear and accurate explanation of all of your legal options for a wrongful death claim. At the Law Firm of Jeremy Rosenthal, our team has successfully represented many Aurora clients in wrongful death claims during our years of operation. We know these cases require a compassionate and responsive approach. We do not believe in one-size-fits-all legal services for our clients.
When you choose the Law Firm of Jeremy Rosenthal, you will have an experienced Aurora wrongful death lawyer ready to answer your questions and guide you through the difficult legal proceedings to come. Our team understands the complexities of wrongful death claims and the immediate financial need the unexpected loss of a loved one can suddenly create. While financial recovery cannot replace your lost loved one, compensation for your losses can make the recovery and grieving processes much easier for many Aurora families.
Wrongful Death Claim Basics
At its core, a wrongful death claim is a personal injury claim filed on behalf of the victim instead of by the victim. Since loss of life is a much more serious form of damage than medical expenses, pain and suffering, and the typical compensatory damages cited in personal injury claims, every state has unique rules and statutes for handling wrongful death claims. These laws stipulate who may file a wrongful death claim, the process for filing such a claim, and the types of damages available to both the victim’s estate and surviving family.
Proving fault for a wrongful death follows the same basic steps as proving fault for a personal injury. The plaintiff in the claim must identify the defendant, establish the defendant owed a duty of care in the situation in question, and then prove the defendant violated this duty of care in such a way that it directly resulted in the death in question. The plaintiff and their attorney also have the responsibility of proving the death in question did not result from some other cause.
In Colorado, the statute of limitations or time limit for filing a wrongful death claim is two years from the date of the death in question. Colorado state law only permits the deceased’s spouse to file a wrongful death claim in the first year following the death. During the second year, both a surviving spouse and the surviving children of the victim would have the ability to file a wrongful death claim. If the deceased was unmarried and had no children, their parents may instead file a wrongful death claim. If no eligible kin file a wrongful death claim in the first year, a representative of the deceased’s estate may then file a claim to recover damages to the estate through a survival action.
Damages and Compensation for Wrongful Death in Colorado
If you intend to pursue a wrongful death claim, your Aurora wrongful death attorney will be an essential ally during your legal proceedings. Failing to meet a filing deadline with the court or even minor inaccuracies on submitted forms and documents can lead to significant delays in your proceedings or even jeopardize your case. As your Aurora wrongful death attorneys, the team at the Law Firm of Jeremy Rosenthal can help you assess all of your wrongful death damages such as:
- Income your deceased loved one would have reasonably expected to earn and provide to the family in the future had they survived.
- Lost benefits, such as life insurance.
- Loss of love, companionship, care, guidance, and household services the deceased provided.
- Medical expenses the deceased incurred due to their final injury or illness.
- Funeral and burial expenses for the deceased following their final wishes.
In Colorado, it is also possible for the plaintiff in a wrongful death claim to receive punitive damages. As the name implies, punitive damages punish a defendant in a civil case for behavior that exceeds typical negligence or criminal actions, such as intentional torts. If your case may qualify for punitive damages, your attorney can advise you on what to expect. The amount of punitive damages received typically reflects the overall wealth and financial status of the defendant.
Hire an Aurora Wrongful Death Attorney Now
Experiencing a wrongful death can be incredibly difficult for any family. Your Aurora wrongful death attorney should be able to provide the comprehensive representation you need to feel more confident about your legal situation. A good attorney should be able to answer your questions and handle your legal concerns with clear and responsive communication. When you choose the Law Firm of Jeremy Rosenthal as your Aurora wrongful death attorneys, our team will handle your legal concerns so you and your loved ones can focus on moving on in peace.
Do not hesitate to reach out for legal assistance after experiencing a wrongful death in your family. If you are ready to meet with an experienced and compassionate Aurora wrongful death attorney to discuss your legal options, contact the Law Firm of Jeremy Rosenthal today and schedule a case evaluation with our team.