When one party’s actions result in injuries and economic losses to another party, this can form the basis of a personal injury claim in Longmont, CO. When the victim does not survive this experience, their family can file a wrongful death suit in place of the personal injury claim they could have filed if they had survived. A wrongful death claim is procedurally quite similar to a personal injury case in many ways, but while a personal injury claim seeks to compensate the victim, a wrongful death suit aims for compensation for the victim’s family.
Legal Representation for Wrongful Death Claims in Longmont, CO
If you recently lost a family member due to another party’s actions, it is imperative to know your options for ensuring accountability for your loved one’s death. A successful wrongful death claim can not only ensure the at-fault party is held appropriately liable for what they have done but also yield compensation that can help family adjust to your new circumstances. Money cannot replace your loved one, but a successful wrongful death suit can help your family have some peace of mind in a very difficult time.
The Law Firm of Jeremy Rosenthal has represented a wide range of personal injury cases in Longmont, and we know the legal challenges your family is likely to face in a wrongful death suit. We take time to get to know each client we represent, providing them with compassionate and personalized legal counsel. When you are struggling in the aftermath of a family member’s unexpected death, our team can help determine your most viable options for legal recourse against the party responsible for causing the death.
How to Prove Fault for a Wrongful Death in Longmont
Before your family can obtain any compensation for the death of your loved one, you must be ready to prove exactly how the death occurred. Your Longmont wrongful death attorney can assist you in gathering any evidence and testimony you will need to identify the party responsible for the death and prove their actions directly caused the death.
Motor vehicle accidents, slip-and-fall accidents, and other incidents arising from negligence are commonly cited causes of wrongful deaths in Longmont and throughout the state. If your family member died in a fatal car accident or from any other act of negligence, you will need to prove the defendant failed to act with a reasonable care in a manner resulting in your loved one’s death. Alternatively, you may need to prove the defendant caused the death through some type of illegal misconduct, such as driving under the influence (DUI) of drugs or alcohol.
When a wrongful death results from negligence, the at-fault party faces liability for the family’s damages. If they cause death through any illegal activity, they also face criminal prosecution. Your Longmont wrongful death attorney can advise you as to how the illegal nature of the defendant’s actions could influence the outcome of your civil suit. The defendant faces not only greater liability for the damages caused to the family of the victim but also more severe penalties for their criminal offense.
Compensation Available in a Longmont Wrongful Death Claim
Your wrongful death claim in Longmont can allow you and your family to recover several types of compensation from the defendant. Damages in most wrongful death claims include economic damages, or the direct financial effects of the death, and non-economic damages, which pertain to the pain and suffering experienced by the family. Economic damages you could potentially secure from the defendant include:
- Funeral and burial expenses. Your attorney can help your family secure compensation for the cost of your loved one’s final arrangements that align with their beliefs and preferences.
- Losses incurred by the estate of the deceased, such as medical expenses for their final medical treatment. Your Longmont wrongful death attorney can assist you in calculating the total financial impact of the death on your loved one’s estate, including any investments that can no longer appreciate following the death.
- Lost financial support provided by the deceased, including future income they are no longer able to provide to their family. The plaintiff can also seek compensation for the lost value of household services provided by the deceased.
- Property damage caused by the defendant’s actions, such as vehicle repair or replacement costs after a fatal vehicle accident.
In addition to these economic losses, the family can seek compensation for their grief, the emotional distress from the wrongful death, and the loss of affection and care the deceased provided. Colorado law limits how much pain and suffering compensation a plaintiff may receive, but your Longmont wrongful death attorney can assist you in securing as much as possible from the defendant.
Success with your case will require proof that the defendant’s actions directly caused the death. Additionally, you will need to show direct causation between their actions and your family’s claimed damages. Ultimately, every plaintiff faces different challenges in a wrongful death suit, but every plaintiff benefits by having legal counsel they can trust advising them. Most wrongful death cases end in private settlement negotiations, but some may need to be resolved through litigation. The Law Firm of Jeremy Rosenthal aims to settle our clients’ cases quickly whenever possible. However, if this is not an option for your case, we are prepared to represent you in court.
When you choose the Law Firm of Jeremy Rosenthal to represent your wrongful death claim, you will have readily available legal counsel whenever you need it as your case unfolds. Instead of contending with difficult court filing rules and other procedural aspects of your case, you and your family can mourn with some peace of mind as your attorney handles your legal affairs on your behalf. We take time to develop individualized case strategies for every client we represent, and our goal is to help you and your family recover as fully as possible from the wrongful death you experienced.
Wrongful Death Lawyer FAQs
Q: How Long Do You Have to File a Wrongful Death Suit?
A: If you intend to file a wrongful death claim against the party responsible for a loved one’s death, you must do so within two years of the death or you lose the right to claim compensation from the at-fault party. It will take time to compile the evidence and other materials necessary for your case, so it is crucial to consult a Longmont wrongful death attorney as soon as possible after the death.
Q: Will the Defendant Who Caused a Wrongful Death Go to Jail?
A: It is possible for the party responsible for causing a wrongful death to face criminal prosecution based on how they caused the death. If your loved one was killed by any illegal misconduct, such as DUI, interpersonal violence, or any other intentional act, the state may open a criminal case against them. Whenever a person breaks the law, the severity of the offense and the scope of their sentence could increase dramatically if they caused another party’s death with their actions.
Q: Are Wrongful Death Settlements Taxable?
A: When you are struggling in the aftermath of a loved one’s unexpected death, it is likely your family will face a wide range of difficult financial issues. Luckily, a tax bill for your case award will not be one of them. Personal injury and wrongful death case awards are not taxable in Colorado. Additionally, your case award is not taxable at the federal level. Your Longmont wrongful death attorney can provide valuable guidance when it comes to the various financial implications your case may have.
Q: Why Do I Need to Hire a Longmont Wrongful Death Attorney?
A: You can try to file a wrongful death suit without legal counsel, but you would not only face several procedural challenges you are not prepared to handle on your own but also risk settling for less than you legally deserve under state law. Having legal counsel you can trust to help with your claim significantly improves your chances of success with the case and will likely yield a much better case award.
Q: How Much Will It Cost to Hire a Longmont Wrongful Death Attorney?
A: The Law Firm of Jeremy Rosenthal does not charge expensive upfront or ongoing legal fees for our representation. Our team takes personal injury and wrongful death cases on a contingency basis, meaning you will only pay a fee after we win your case. Additionally, the contingency fee is a percentage of your final case award, so there is no risk of paying more for legal counsel than you win from your claim. If our firm is unable to secure compensation on your behalf for any reason, you pay nothing.
The Law Firm of Jeremy Rosenthal has successfully represented many wrongful death cases in Longmont and surrounding communities. We know the emotional strain that these cases cause and that you and your family are likely to have lots of pressing legal questions as you seek accountability for your loved one’s death. Our team can provide the compassionate and detail-oriented legal representation you need to approach your case with confidence. Contact us today and schedule your free consultation with a Longmont wrongful death attorney to learn more about the legal services we offer.