Losing a family member unexpectedly is never easy, and it’s natural for the surviving family members of the deceased to have many difficult questions in this situation. This is especially true when they know the death resulted from another party’s actions. If your family is mourning a loved one who died because of negligence or intentional misconduct of any kind, a Wheat Ridge wrongful death attorney is a vital resource to consult.
Legal Counsel That You Can Trust for Wrongful Death Claims in Wheat Ridge, CO
A successful wrongful death claim can potentially yield compensation that can help your family adjust to your new circumstances more easily. It can also hold the at-fault party accountable for their actions and provide a sense of closure to the victim’s loved ones. A successful wrongful death suit will not return your lost loved one, but it can ensure accountability and compensation from the defendant.
The Law Firm of Jeremy Rosenthal can provide the legal representation you need for this difficult case. Throughout the years of our firm’s operation, we have successfully represented many personal injury claims in Wheat Ridge and surrounding communities. We have also successfully represented many wrongful death suits, and we know the emotional weight these cases carry. Whatever your case involves, you can trust our team to provide ongoing guidance and support through all stages of your case.
Building Your Wrongful Death Suit in Wheat Ridge
One of the first legal challenges you will face in a wrongful death claim is identifying the party responsible for the death. To succeed with the claim, the plaintiff must identify the defendant who caused their family member’s death, prove how they caused the death, and go on to establish a clear causal link between the defendant’s actions and the death. In other words, if you intend to succeed with your wrongful death claim, you must show that the death happened because of the defendant’s actions and not some other cause.
If your family member died because of another party’s negligence, you would need to prove that they held some duty of care they failed to meet in the situation and consequently caused the victim’s fatal injury. For example, if the defendant was distracted behind the wheel and caused a fatal car accident, you may need to obtain their cell phone records and other evidence to prove they breached their duty of care to drive attentively. Alternatively, if they caused the death through illegal misconduct, you would need to prove they broke Colorado law in a manner resulting in the death, and the state is likely to file criminal charges against them while you proceed with your civil suit.
Success with your wrongful death claim will require clear proof that the defendant directly caused the death. Once you have proven their liability for the death, you can proceed with claiming compensation for the associated damages under the state’s wrongful death statutes.
Claiming Compensation in a Wheat Ridge Wrongful Death Suit
Similar to a personal injury claim, it is possible to claim both economic and non-economic damages in a wrongful death suit. Economic damages are more straightforward and include the direct financial effects of the defendant’s negligence or misconduct. These can include:
- Funeral and burial costs for the deceased.
- Damages sustained by the deceased’s estate, such as property loss, medical bills, and other damages resulting from the defendant’s actions.
- Lost income the deceased provided to their family. This includes the future income they would have reasonably expected to earn in the future had the injury not occurred.
- Lost value of household services that the deceased provided to their family.
Your Wheat Ridge wrongful death attorney can help you accurately calculate all immediate and future economic losses your family can seek from the defendant. In addition to these economic damages, you can also claim compensation for you and your family’s pain and suffering. However, state law limits this aspect of your case award, and most plaintiffs can only expect up to $500,000 for non-economic damages in their wrongful death claims.
If the defendant caused the death of your family member through any illegal act, they could face punitive damages along with their liability for your civil damages. Ultimately, every wrongful death claim is unique, and every family will face different challenges when it comes to ensuring accountability and compensation for the death of a loved one.
What to Expect From Your Wheat Ridge Wrongful Death Attorney
The right attorney can make a very challenging situation a bit easier to manage. Your Wheat Ridge wrongful death attorney can assist you in building your claim and uncovering all claimable damages you can seek from the defendant. You have many procedural rules you must follow for your claim, and having an attorney manage these affairs can make it much easier for you and your family to confront your case with confidence.
When you choose the Law Firm of Jeremy Rosenthal as your legal counsel, our goal is to help you and your family recover as much compensation as possible in the shortest time possible. Most wrongful death suits and other civil claims settle outside of court, but litigation could be necessary if the defendant denies liability or refuses to settle the case for any reason. Whatever your case entails, you can trust the team at the Law Firm of Jeremy Rosenthal to provide compassionate and responsive legal counsel through all phases of your case.
Wheat Ridge Wrongful Death FAQs
Q: What Is the Statute of Limitations for a Wrongful Death Claim?
A: If you plan to file a wrongful death suit against any other party, you must do so within the statute of limitations. This is two years from the date of the death for most wrongful death cases. While this may sound like enough time, remember that you will need time to gather evidence to prove liability and to establish the extent of your claimable damages. You are more likely to succeed with your wrongful death suit if you start the claim filing process as soon as possible with the help of a Wheat Ridge wrongful death attorney.
Q: Who Are the Beneficiaries of a Successful Wrongful Death Suit?
A: The proceeds from a successful wrongful death claim in Wheat Ridge, CO, or anywhere else will go to the beneficiaries of the deceased, usually their surviving spouse and children. If the deceased named a personal representative of their estate, this individual may have the primary right to file a wrongful death claim, but the proceeds will typically be distributed according to the law of intestate succession in Colorado.
Q: How Do I Prove Fault for a Wrongful Death in Wheat Ridge?
A: Proving fault for a wrongful death will follow a similar process of proving fault for a personal injury. You will likely require a combination of different types of evidence, such as physical evidence from the scene where the fatal injury occurred, digital evidence like video camera footage or cell phone records, and testimony from witnesses who saw the incident take place. Your Wheat Ridge wrongful death attorney can be invaluable for their assistance in building the framework of your case.
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, depending on how they caused the death. If they broke the law in causing the death, or if their actions exceed the scope of standard negligence, it is likely for the state to open a criminal case against them. They not only face prosecution but also more severe penalties due to causing a fatal injury. Driving under the influence of alcohol or drugs and intentional violent crime are common causes of wrongful deaths that can lead to felony prosecution and severe penalties for convicted defendants.
Q: How Much Does It Cost to Hire a Wheat Ridge Wrongful Death Attorney?
A: It’s natural to have concerns about the potential cost of legal representation when you need to hire a Wheat Ridge wrongful death attorney. However, this is no cause for alarm when you choose the Law Firm of Jeremy Rosenthal as your legal counsel. We take wrongful death cases and other personal injury suits on a contingency fee basis. This means we collect a fee only if we win your case, and our fee will be a portion of the amount recovered. This billing policy allows you and your family to approach your impending wrongful death suit with confidence and peace of mind.
Losing a family member unexpectedly is a tragic situation, and knowing that their death was the result of negligence or intentional misconduct can add frustration to an already strong mix of emotions. You need legal counsel you can trust if you intend to hold the at-fault party accountable for their actions, and the Law Firm of Jeremy Rosenthal is ready to assist you with your case. Contact us today and schedule a free consultation with a Wheat Ridge wrongful death attorney you can trust to learn more about the legal services we can offer to your family.