Grand Junction Wrongful Death Attorney
Losing a loved one is one of the most difficult experiences a person can go through. During this time, typically, the last thing most people want to think about is filing a lawsuit. However, if a negligent party was responsible for your loved one’s death, they should be held accountable. A wrongful death case can help achieve this and make sure that the liable party’s negligent, reckless, or intentional actions don’t hurt anyone else. The Grand Junction wrongful death attorneys at Killian Davis Richter & Mayle, P.C understand that the death of a loved one can also have a catastrophic financial impact. Medical bills, funeral expenses, and loss of income can wreak havoc following a tragedy. A wrongful death lawsuit can help recover damages to cover these costs and allow your family to focus on what matters.
Wrongful Death Common Causes
One very common cause of wrongful death is medical malpractice. A misdiagnosis, or failure to diagnose an illness that leads to a patient’s death, is grounds for a wrongful death claim. When this happens, the family entitled to the decedent’s estate – as well as a representative of that estate – can sue the doctor as well as the hospital.
Another common cause are car accidents. For example, if someone was driving drunk and hit another person causing their death, the victim’s dependents can sue for wrongful death. This is because the drunk driver not only neglected his own well-being, but that of everyone else on the road.
Sometimes, a person or organization doesn’t have to act to be hit with a wrongful death claim. There have been a few tragic cases where the parents of a child who took their own life because of bullying have sued the school because they should have been aware of, or didn’t do enough, to stop the bullying.
Who Can File a Wrongful Death Claim In Colorado?
Each state has their own statutes, but in Colorado, only the surviving spouse or children of a victim are legally permitted to file a wrongful death lawsuit. Friends or distant relatives are barred from filing. The spouse can file within a year, and the children can file within two years. If the deceased had no spouse or children (or, more tragically, did and they were killed in the accident as well), then the decedent’s parents can file. If the deceased only left behind extended family, they would have to prove dependence and/or close relation in order to be allowed to file a wrongful death claim.
How Are Damages Determined In a Wrongful Death Case?
When a family member dies, they leave a lot behind. Beyond the emotional struggle that the family will go through, they may go through sincere financial troubles. In a wrongful death case, it’s necessary to be compensated for things such as lost income, life insurance payouts, medical bills and funeral expenses. But emotional damages such as loss of love, companionship, care and affection can be given a monetary value, and you deserve to be compensated for this as well.
At Killian Davis Richter & Mayle, P.C., our team of dedicated Grand Junction wrongful death attorneys has handle numerous wrongful death cases in the past. The initial consultation is free, and we do not collect attorney’s fees unless we win your case. Our firm operates under the golden rule; we will handle your case with utmost care, compassion and dedication to ensure that you are compensated for every penny owed.