A wrongful death occurs when someone is killed due to another person or company’s negligence, misconduct or intentional actions.
A personal representative of the victim’s estate may bring a lawsuit for wrongful death on behalf of the immediate family members. It is usually the surviving spouse who will receive the monetary compensation, then the children if there is no spouse, and lastly, the parents if there are no other survivors.
At the Bendinelli Law Firm, we understand that this is a difficult time for you, and we are here to support you. We have a thorough understanding of Colorado’s wrongful death laws and will help you get the compensation you deserve for your loss.
The most common examples of incidents that result in a wrongful death claim include:
At the Bendinelli Law Firm, we always have our clients’ best interests at heart. Our goal is to make sure that we recover the compensation families need when they experience an unimaginable loss.
Our goal is to make sure that clients recover both economic and non-economic damages as a result of the untimely loss of life. Economic losses revolve around calculable expenses that families are likely to incur, and these types of losses can be gathered using bills, receipts, invoices, and pay stubs. Non-economic damages are not necessarily calculable. These types of losses revolve around the more immeasurable losses that families are likely to experience as a result of the loss of life.
At the Bendinelli Law Firm, our Denver wrongful death attorneys can help you recover all types of damages including:
The amount of compensation that you might receive depends on the facts of your case. Our Denver wrongful death lawyers diligently explore all causes of action to maximize the compensation your family is entitled to receive. We carefully document all damages and present a compelling and convincing case for full compensation of all damages and losses.
Colorado law defines who is allowed to file a wrongful death lawsuit and when they are allowed to. This law is fairly different from how other states handle these situations.
If the deceased individual was married, had children, or named a designated beneficiary in their will or estate plan, then there are particular individuals who can file within the first year from the date of death. If there was a surviving spouse, then only the surviving spouse is allowed to file the wrongful death claim within the first year, with a few exceptions.
During the second year after the date of death, any of the following individuals are allowed to file the wrongful death claim:
In the event the children of the deceased file the wrongful death claim, the surviving spouse and/or the designated beneficiary will have 90 days to join the lawsuit.
The Colorado wrongful death law puts a time limit (statute of limitations) for how long after a death the family member can file a claim – two years. There are also limits for which family members may file a claim and when they are able to file a claim.
You need a lawyer with an extensive understanding of Colorado wrongful death laws to help you get the compensation you deserve. So, it is important that you do not wait to contact the Bendinelli Law Firm and miss any important deadlines.
In some cases, the state might file criminal charges against the person who caused your loved one’s death. The state handles the criminal case. You do not have any say in how the case is resolved. The state might choose to accept a plea agreement without taking the matter to court.
However, a wrongful death lawsuit is a civil case. It is separate and apart from any criminal charges the person might face. You can file a wrongful death lawsuit even though the person is not charged with a crime. Your lawsuit can continue in civil court regardless of the outcome of the criminal case. A person can be held financially liable for wrongful death damages, even if the person is judged innocent in the criminal case.
In a wrongful death lawsuit, you are in charge. If you want to proceed to court, you have that choice. If you want to agree to settle the claim without going to court, that is also your choice. Our Denver wrongful death lawyers provide advice and guidance to help you make a decision that is best for you and your family.
Money will not bring back our loved one. It will not undo the terrible tragedy that your family experienced. However, it does provide financial support for you and your family. Also, money is the only way the judicial system has to compensate a family for the loss of a family member.
The compensation for a wrongful death claim can help pay your living expenses, keep your home, and help pay for your children’s college education. For young families, the compensation may allow a parent to remain at home with young children to help them as they continue to adjust to the loss.
Another reason to file a wrongful death lawsuit is to seek justice against the party who caused your loved one’s death. If criminal charges are not filed, the person could get away with causing your family member’s death without any consequences. Holding the responsible parties financially liable is a real consequence of their actions.
Wrongful death lawsuits are about holding parties financially responsible for their negligence and wrongdoing, while also calling attention to the party’s misconduct so that another family might avoid the tragedy of losing a family member.
At the Bendinelli Law Firm, we want our clients to concentrate on the important things: recovering from your grief and returning to your day-to-day life, while our Denver personal injury attorneys take care of the complicated legal issues and deal with your wrongful death claim. We will work hard to protect your interests and help you get the compensation you and your family deserve.
Contact us today at 1-800-ATTORNEY for your free consultation.