Thousands of accidental injuries occur in Colorado each year, often from completely unpredictable circumstances. While many of the victims of these incidents manage to recover, some are not so fortunate. A personal injury occurs whenever one party’s actions harm another party, but if the victim does not survive, their surviving family members are likely to have many difficult questions in terms of proving fault and holding the liable party accountable for their loved one’s death.
Compassionate Legal Counsel for Wrongful Death Claims in Boulder, CO
A wrongful death suit can effectively replace a personal injury claim that a victim could have filed if they had survived the incident. If you are mourning the death of a loved one that resulted from someone else’s negligence or criminal misconduct, you could have the grounds you need to file a wrongful death suit in lieu of a personal injury claim. While these two types of civil actions are similar in some ways, they are very different in others, and it is important that you know what to expect if you intend to file a wrongful death claim in Boulder, CO.
The Law Firm of Jeremy Rosenthal can provide the compassionate legal support you need when faced with a wrongful death case in Boulder. Our firm has years of experience helping our clients throughout the state overcome all types of civil suits, including those arising from unexpected fatal injuries. Whatever your case entails, you can trust our firm to provide compassionate legal guidance through all stages of your case, helping your family recover compensation that can help you adjust to your new circumstances a bit easier.
Proving Liability for a Wrongful Death in Boulder
Before you can recover compensation for a wrongful death, you must prove exactly how the death occurred. A few of the most commonly cited causes of fatal injuries in the Boulder area are:
- Motor vehicle accidents. If a negligent driver caused a fatal accident, their insurance may only cover a portion of your family’s claimable damages. Distracted driving, speeding, and driving under the influence (DUI) are a few of the most commonly cited causes of fatal vehicle crashes each year.
- Premises liability. Every property owner must ensure that their property is free of foreseeable hazards that could injure lawful guests and visitors. If your loved one died from a slip and fall or another incident on someone else’s property, it could form grounds for a wrongful death suit under the state’s premises liability laws.
- Intentional criminal actions. Unfortunately, some people willfully engage in various forms of violent crime, including assault, armed robbery, and vehicular assaults. If any other party’s intentional and illegal action caused the death of a loved one, they would face criminal charges alongside your family’s wrongful death claim.
- Medical malpractice. While thousands of citizens trust their medical providers to treat their injuries and illnesses safely and effectively, medical negligence is one of the most commonly reported causes of accidental deaths. If a family member died due to negligent medical care, your wrongful death suit falls within the purview of the state’s medical malpractice laws.
These are only a few examples of how wrongful deaths may happen in the Boulder area. No matter how your loved one’s death occurred, if another party is responsible for causing it, they will become the focus of your wrongful death suit. To succeed with your claim, you will need to prove that the defendant was negligent or intentionally harmful in a manner that directly resulted in your loved one’s death.
The evidence you may require to prove liability for a wrongful death depends on the nature of the incident. So, if your loved one died from negligent medical care, your attorney will need to coordinate expert witness testimony from a medical professional with similar skills to the defendant. If they died in a fatal car accident, cell phone records, camera footage, and other physical and digital evidence could come into play. In any wrongful death suit, if any witnesses saw the death occur firsthand, their testimony would be invaluable to the plaintiff’s case. After proving fault, you can proceed with claiming compensation under the state’s wrongful death statutes.
Compensation for Wrongful Death
Similar to a personal injury claim, a wrongful death suit enables the plaintiff to claim compensation for both economic and non-economic damages resulting from a defendant’s actions. In a wrongful death claim, the family of the victim can hold the defendant accountable for funeral and burial expenses, lost income the deceased can no longer provide, and compensation for the future income the deceased could have provided if they had survived. Calculating these damages can be very difficult without an experienced attorney’s assistance.
Your Boulder wrongful death attorney can also help you make a case for pain and suffering compensation. State law limits this aspect of recovery in a wrongful death claim, but your attorney will know how to maximize the pain and suffering compensation you secure from the defendant. If they caused your loved one’s death through any illegal action, punitive damages or restitution may also come into play, enhancing your family’s recovery further.
Ultimately, every wrongful death claim will be difficult for the family to handle, and the right attorney can be invaluable to your claim. The Law Firm of Jeremy Rosenthal can help you make sense of your case and guide you through the process of seeking accountability for your loved one’s untimely death. The sooner you consult our firm, the sooner we can start building a comprehensive wrongful death suit on your family’s behalf.
Wrongful Death Lawyer FAQs
Q: Who Is Able to File a Sue for a Wrongful Death?
A: State law restricts who can file a wrongful death suit to the surviving spouse of the deceased, the surviving children of the deceased, or the parents of the deceased, in that order. If the deceased had created an estate plan before they died and named a specific personal representative, this individual would be able to file a wrongful death suit.
Q: What Is the Statute of Limitations for Wrongful Death?
A: For every type of civil claim for damages filed, there is a statute of limitations, which is the time limit in which the plaintiff must file their claim. If you intend to file a wrongful death claim in response to the death of a family member, you must do so within two years of the death, or you will lose your ability to claim compensation from the defendant. It’s important to connect with a Boulder wrongful death attorney as soon as possible to ensure the greatest chance of success with your claim and to meet all statutory requirements for filing the claim.
Q: How Much Compensation Can I Claim for Wrongful Death in Boulder?
A: A wrongful death claim can yield many forms of compensation for the surviving family, including funeral and burial expenses and lost financial support the deceased could have continued to provide had they survived. Your Boulder wrongful death attorney can help you calculate the total financial losses you can claim from the defendant, and state law allows plaintiffs to seek up to $500,000 for most wrongful death claims for the family’s pain and suffering. A Boulder wrongful death attorney can help you calculate the total potential value of your case.
Q: Will the Defendant Go to Jail for Causing a Wrongful Death?
A: It is possible for a defendant to face jail time and other penalties depending on how they caused the death. If the death occurred from an honest mistake or simple negligence, criminal prosecution is unlikely, but the defendant faces liability for the family’s wrongful death claim. If they caused the death through any illegal activity, they not only face criminal prosecution for breaking the law but also increased penalties because their actions resulted in someone’s death. Your Boulder wrongful death attorney can explain how the nature of the defendant’s behavior could influence your wrongful death suit.
Q: What Will It Cost to Hire a Boulder Wrongful Death Attorney?
A: When you have the Law Firm of Jeremy Rosenthal handling your wrongful death claim, you will only pay an attorney’s fee when we win your case. We take wrongful death suits and other personal injury claims on a contingency fee basis, meaning our fee is contingent upon our ability to secure compensation on your behalf. Your fee is a portion of the amount recovered, but if we cannot obtain a case award for any reason, you pay nothing.
The Law Firm of Jeremy Rosenthal offers compassionate and responsive legal counsel for all types of civil claims for damages in Boulder, including complex wrongful death suits. We know the emotional strain these cases present and the various challenges you might face as you seek compensation for your family’s tragic loss. Our goal is to help you recover as fully as possible, and while money cannot return your lost family member, a suitable case award can help your family adjust to your new circumstances a bit more easily. Contact us today and schedule your free consult with a Boulder wrongful death attorney with the experience and resources needed to manage your case effectively.