Fort Collins Wrongful Death Attorneys
Whenever one party’s actions result in physical injury and economic loss for another party, it can form the basis of a personal injury suit. However, if the victim does not survive the other party’s actions, the fatal injury can lead to a wrongful death suit. While effectively a replacement for a personal injury claim in which the victim does not survive to pursue compensation on their own behalf, a wrongful death claim draws upon specific statutes under Colorado law.
Experienced Legal Counsel for Wrongful Death Suits in Fort Collins, CO
If your family is mourning a loved one who recently died because of someone else’s negligence or illegal misconduct, a Fort Collins wrongful death attorney is an essential resource to consult. The right attorney can help you make sense of the situation and determine your options for ensuring accountability.
The Law Firm of Jeremy Rosenthal has many years of experience handling all types of personal injury suits in Fort Collins as well as many complex wrongful death claims. If you believe your family has grounds for a wrongful death suit against another party, we can guide you through the process of building, filing, and resolving your civil claim. While similar to a personal injury claim in some respects, there are a few key differences you must understand if you want to succeed with your wrongful death suit. We can provide the ongoing guidance and support you need for this difficult situation.
Proving Liability for a Wrongful Death in Fort Collins
The first legal challenge you face in a wrongful death claim is proving fault for the death. You must identify the party or parties responsible for your loved one’s death and prove their actions directly caused the death. In other words, you must show evidence proving the defendant directly caused the victim’s death and that they did not die from some other cause.
It’s possible for wrongful deaths to occur in many ways, such as:
- Motor vehicle accidents. Speeding, drunk driving, and moving violations are just a few ways a driver could potentially cause a fatal accident. Auto insurance is unlikely to cover more than a fraction of the surviving family’s claimable damages. Your Fort Collins wrongful death attorney can provide comprehensive legal representation for all stages of a wrongful death claim resulting from a fatal vehicle accident.
- Premises liability. Property owners are legally obligated to ensure their properties do not pose any unreasonable safety risks to lawful guests and visitors. If your loved one died in a slip and fall or other fatal accident on someone’s property, the property owner could face liability for wrongful death under the state’s premises liability statutes.
- Medical malpractice. Thousands of people trust medical professionals to provide effective medical care every day, and every medical professional is obligated to follow the standard of care for their patients at all times. If your loved one died from negligent medical treatment, it could form the foundation of a medical malpractice suit for wrongful death.
- Defective products. If a defective consumer product inflicted a fatal injury on your family member, the manufacturer could face liability for the wrongful death under Colorado’s product liability laws.
- Illegal misconduct. Any type of intentional crime that causes a fatal injury will not only lead to criminal prosecution of the defendant, but they will also face enhanced penalties due to causing the death. Driving under the influence (DUI) and violent interpersonal crime are common examples of illegal behaviors that may lead to homicide charges along with liability for wrongful death.
No matter how your loved one died, if another party is responsible for causing the death, you likely have grounds to file a wrongful death suit. Your Fort Collins wrongful death attorney can be instrumental in building your case, including gathering the evidence and securing the witness testimony you may need to accurately prove fault for the death. Once you have identified the party or parties bearing fault for your loved one’s fatal injury, you can proceed with filing your claim and seeking compensation for the damages your family has suffered.
Claiming Compensation for a Wrongful Death in Fort Collins
Money cannot replace your lost family member, but the proceeds from a successful wrongful death suit can alleviate the economic pressure caused by the unexpected death and make adjusting to your new circumstances easier. Under state law, the plaintiff in a wrongful death suit has the right to claim full repayment of any financial losses associated with the death. These commonly include funeral and burial expenses, lost value of household services provided by the deceased, lost income provided by the deceased, and any losses incurred by the deceased’s estate.
In addition to these economic losses, the plaintiff can also seek compensation for the family’s pain and suffering. However, state law limits non-economic damages in wrongful death suits to $500,000 in most cases. Your Fort Collins wrongful death attorney is the most important asset you have on your side to ensure the fullest recovery possible from your claim. If the death of your loved one was the result of illegal activity, the defendant may also face punitive damages.
The Law Firm of Jeremy Rosenthal understands the emotional challenges you will face in wrongful death claim proceedings. We approach each of these cases with compassion and the goal of helping our client reach a favorable outcome in the most streamlined manner possible. Our team can seek to settle your case as quickly as we can if possible, but we are fully prepared to represent you in litigation if necessary. The sooner you connect with our team, the sooner we can start building a comprehensive wrongful death claim on your family’s behalf.
Wrongful Death Lawyers FAQs
Q: What Are the Most Common Causes of Wrongful Deaths in Fort Collins?
A: Wrongful deaths happen from many of the same causes of personal injuries throughout the state. Motor vehicle accidents, medical malpractice, violent crime, and premises liability-related accidents are just a few of the most common causes. If you recently experienced a wrongful death of a family member, proving the cause of death is the first challenge you face in securing compensation for your family’s loss.
Q: Is a Wrongful Death Suit the Same as a Personal Injury Claim?
A: A wrongful death claim functionally replaces a personal injury claim when the victim does not survive their injury. However, while there are many procedural similarities between wrongful death claims and personal injury claims, there are special rules for wrongful death suits, and these claims seek compensation for the family of the victim. You will still need to prove fault and prove the full extent of the damages the defendant caused to succeed with a wrongful death case.
Q: How Much Is My Wrongful Death Claim Worth in Fort Collins?
A: The total value of a wrongful death claim depends on many variables. You have the right to claim compensation for all the economic losses the defendant caused, including losses sustained by their estate, funeral and burial costs, and lost financial support the deceased provided. Your family can also claim compensation for the pain and suffering resulting from the death, but state law limits this aspect of your case award. Your Fort Collins wrongful death attorney can estimate your claim’s total potential value.
Q: How Long Do I Have to File a Wrongful Death Claim in Fort Collins?
A: If you intend to pursue a wrongful death claim in response to your family member’s unexpected death, you must file the claim within two years of the date of the death. Failure to meet this statute of limitations could mean losing your ability to claim compensation from the defendant. It’s optimal to consult a Fort Collins wrongful death attorney as soon as possible to ensure your case meets the statute of limitations.
Q: What Are Attorneys’ Fees for a Fort Collins Wrongful Death Attorney?
A: If you hire the Law Firm of Jeremy Rosenthal to handle your wrongful death suit in Fort Collins, you will pay only a percentage of your total case award as your attorneys’ fees. We take these cases on contingency, meaning we collect our fee only if we win your case, and the fee is a percentage of whatever compensation we secure for you. We don’t charge a fee at all if we fail to obtain compensation for your wrongful death claim for any reason, so you can approach your case with peace of mind.
The team at the Law Firm of Jeremy Rosenthal has successfully helped many past clients succeed with their wrongful death claims. We take time to get to know each client and listen to their story, and we are often able to exceed our clients’ expectations in terms of their case awards and the time it takes to resolve their cases. Time is a critical factor in any civil claim for damages, and it’s vital to seek legal counsel you can trust as soon as possible for your impending wrongful death claim. Contact us today and schedule a free consultation with our team to learn more about the legal services we provide.