What You Need to Know About Filing a Colorado Wrongful Death Claim

If you have recently and unexpectedly lost a loved one in Colorado, you were likely unprepared for the overwhelming amount of grief and stress that you are now facing. You may find that the need to address the costs of medical care, of burial, and to cover the loss of income are even interrupting your grieving process. You might have considered legal action, but the process of finding a lawyer and pursuing a claim can seem even more stressful.

Colorado attorney James Shaw can help. Shaw has several decades of experience representing clients like you seeking compensation after a wrongful death. He works on a contingency basis, and will not take a fee until you win a settlement. Call 800-862-1260 today for a free consultation.

For a wrongful death claim to be successful in Colorado, it must meet the following criteria:

• The death occurred no more than two years ago
• If the death occurred less than a year ago, the claimant is the spouse of the deceased
• If the death occurred over a year ago, the claimant is the spouse or child of the deceased
• If the deceased has no surviving spouse or children, the claimant is the parent or estate of the deceased
• The deceased’s death can be attributed to negligence or malice on the part of the defendant

If you believe that the specifics of your claim match all of the above, contact a wrongful death attorney in Colorado to help you pursue the compensation you deserve.

“Wrongful death” is as broad a term as “personal injury,” and there are as many varied types of wrongful death claims. Some common targets of wrongful death claims are:

• A medical professional whose malpractice resulted in the death of the deceased
• A job supervisor whose negligence or acceptance of unsafe conditions lead to the death of the deceased
• A motorist whose actions resulted in a fatal accident
• Owners of a swimming pool whose negligence resulted in a drowning accident
• Companies who produced and sold defective and harmful products whose normal use resulted in death
• Someone guilty of physical assault upon the deceased, resulting in injuries that lead to their death

If your loved one was taken from you before their time, and you feel that it could have easily been prevented with more attention and care, you may have grounds for a viable claim. An experienced wrongful death attorney in Colorado can help you pursue one.

There are three types of damages that you can receive in a wrongful death case: economic, noneconomic, and punitive. An attorney who is skilled in wrongful death claims will help you ensure that you are pursuing all of the compensation you deserve.

1. Economic damages cover the financial burden of a wrongful death, including medical bills, burial cost, and lost income. These are not strictly capped, as the amount can be calculated in a fairly objective way.
2. Noneconomic damages address the non-financial costs of a wrongful death, including pain and suffering of the deceased and loss of consortium of their surviving relatives. As these are more intangible, they are capped at $250,000. However, this cap is also adjusted for inflation and currently stands at $468,000. This cap can also be doubled if there is clear evidence that outstanding damages are warranted.
3. Punitive damages are not meant to address any costs of the claimant, but to punish a defendant whose negligence was particularly egregious. Punitive damages cannot exceed the total of economic and noneconomic damages. They are rarely awarded, and your attorney may not pursue them.

Trust Colorado attorney James Shaw: Free Initial Consultation

If you are unsure of how much to claim for damages, an experienced wrongful death lawyer can help you determine how much you could be owed.

Call 800-862-1260 today for a free consultation.