Westminster Wrongful Death Attorneys
Losing a family member unexpectedly is a tragic experience. However, when you know that a sudden death in your family resulted from negligence or illegal misconduct, it can make an already difficult situation even harder to confront. If your family is mourning a loved one due to the actions of another party in Westminster, CO you may have grounds to file a wrongful death claim.
Helping Westminster, CO, Clients File a Wrongful Death Claim With Confidence
While procedurally similar to a personal injury case in many ways, a wrongful death claim is beholden to unique statutory requirements. Additionally, while a personal injury claim aims to secure recompense for the victim’s damages, a wrongful death claim aims to compensate the victim’s family. You and your loved ones could be entitled to more compensation than you may initially expect, and a Westminster wrongful death attorney is the most effective asset to have on your side for maximizing your total compensation.
The Law Firm of Jeremy Rosenthal can provide the compassionate legal counsel you need for your impending wrongful death suit in Westminster. We routinely represent local clients in all types of personal injury claims in Westminster, CO, and have extensive experience with complex wrongful death suits. Whatever your case entails, you can trust our firm to provide ongoing support through every phase of your proceedings until you reach a favorable outcome.
How to Build Your Wrongful Death Lawsuit in Westminster
Before you and your family can recover compensation for a loved one’s wrongful death in Westminster, CO, you must prove the exact cause of the death and identify the party or parties responsible. A few of the most commonly cited causes of wrongful deaths in the Westminster area include:
- Motor vehicle accidents. Each year, motor vehicle crashes are a leading cause of accidental deaths throughout the state. If your loved one died in a fatal accident, the at-fault driver’s insurance is unlikely to compensate for this loss. Your Westminster wrongful death attorney can help you hold them accountable for the fatal accident and maximize your family’s total compensation.
- Premises liability. Every property owner in the state must ensure that their property is safe for lawful guests and visitors. If your loved one died in a fatal slip and fall or similar incident on private property, the property owner is likely liable for their death under Colorado’s premises liability laws.
- Medical malpractice. Unfortunately, while thousands of people trust medical professionals to provide safe and effective treatment for their illnesses and injuries, medical negligence continues to be a leading cause of accidental deaths in the United States each year. If you need to file a wrongful death suit for medical malpractice, the case will be more complex than a standard wrongful death suit.
- Illegal misconduct. Whenever someone breaks the law, they can face a wide range of penalties, including fines, jail time, and other punishments. When they cause a fatal injury, they face even harsher penalties. If your loved one died because of intentional violent crime, driving under the influence of drugs or alcohol, or any other illegal misconduct, your Westminster wrongful death attorney can explain how the illegal nature of the defendant’s actions could impact your civil suit for wrongful death.
No matter how the wrongful death occurred, the victim’s family will need clear evidence that the defendant directly caused the death through some illegal misconduct or negligence. Your Westminster wrongful death attorney can be invaluable for the assistance they can provide in this effort. They may be able to identify evidence you may have overlooked on your own.
Collecting Compensation for a Wrongful Death in Westminster
After proving fault for the wrongful death, your Westminster wrongful death attorney can help you and your family hold the defendant accountable for all associated damages. Similar to any other civil suit, the plaintiff has the right to claim compensation for both economic and non-economic damages the defendant caused. However, there are restrictions on plaintiff recovery imposed by state law.
The economic damages you can seek from the defendant include the direct financial effects of the death. These are likely to include:
- Funeral and burial expenses for the deceased.
- Lost value of household services the deceased provided to their family.
- Lost income the deceased can no longer earn. This includes the future income they would have reasonably expected to earn in the future had they survived.
- Damages incurred by the estate of the deceased, such as property loss and medical bills resulting from the defendant’s actions.
In addition to these economic damages, the plaintiffs in a wrongful death suit can also seek compensation for their pain and suffering. The surviving spouse of the deceased can seek compensation for the loss of consortium and affection, and the other surviving family can seek pain and suffering compensation to reflect the loss of companionship, guidance, and moral support that the deceased provided. Pain and suffering compensation is limited to $500,000. Your Westminster wrongful death attorney can help you and your family maximize this aspect of your case award.
If any illegal misconduct caused the death, the defendant could face punitive damages along with their responsibility for your claimed civil damages. Many wrongful death claims can be settled outside of court, allowing all parties involved to reach swifter results and save time and money they would otherwise spend in litigation. However, there is always a chance for litigation to be necessary to resolve a civil suit. The Law Firm of Jeremy Rosenthal will seek to settle your wrongful death claim if possible, but we are prepared to represent you and your family in court if necessary.
Wrongful Death Attorneys FAQs
Q: How Do You Prove Liability for a Wrongful Death in Westminster?
A: Proving fault for a wrongful death can require similar efforts that you would make to prove fault for a personal injury. You must identify the party responsible for causing the death and then prove their negligence or intentional criminal action directly caused your family member’s death. You must also show clear proof that the death could not have resulted from any other cause. Your Westminster wrongful death attorney can help you gather the evidence and testimony you may need to firmly establish liability for the death.
Q: Will the Defendant Go to Jail for Causing a Wrongful Death?
A: The party responsible for the wrongful death will face liability for the surviving family’s damages, but they could also face criminal prosecution depending on how they caused the death. If they were egregiously negligent, they might face a manslaughter charge in addition to their civil liability. If they caused the death through any illegal activity, they would face harsher penalties, including incarceration, fines, and punitive damages, along with their liability for the civil damages cited in the surviving family’s wrongful death suit.
Q: How Long Do You Have to File a Wrongful Death Suit?
A: A wrongful death claim, similar to most other types of civil suits filed in the state, is subject to a statute of limitations or time limit for filing this type of case. You must file your wrongful death claim no later than two years from the date the death occurred; otherwise, you risk losing your right to claim compensation from the party responsible for causing the death. It’s important to consult a Westminster wrongful death attorney as soon as possible after you decide to pursue a wrongful death claim in response to your loved one’s death.
Q: What Is a Wrongful Death Suit Worth in Westminster?
A: The total potential value of your wrongful death suit hinges on multiple variables. Under the state’s wrongful death laws, the plaintiff has the right to seek full repayment of all economic losses associated with the death. They may also seek pain and suffering compensation to reflect the family’s loss, but state law limits this part of their case award. Your Westminster wrongful death attorney can provide an estimate of the total compensation your family could potentially secure from a successful case.
Q: How Much Will It Cost to Hire a Westminster Wrongful Death Attorney?
A: It is understandable to be concerned about the potential cost of legal counsel when your family is already struggling with the economic impact of an unexpected death in the family. However, this is no cause for alarm if you choose the Law Firm of Jeremy Rosenthal to represent your case. We take wrongful death cases on contingency, meaning you only pay a fee if we win your case, and your fee is a portion of the case award recovered from the defendant. There is no fee if we are unsuccessful with your claim for any reason, so there is no risk to you by hiring our firm to represent your wrongful death suit.
The Law Firm of Jeremy Rosenthal is ready to provide the comprehensive legal support and compassionate guidance you and your family need for a wrongful death suit in Westminster. Our team has the professional resources and experience needed to fluently handle the most complex wrongful death cases, and we are ready to provide the representation you need for your impending case. Contact us today and schedule your free consultation with a Westminster wrongful death lawyer.