Dealing with the emotional toll of losing a loved one is one of the most painful experiences you can go through. What makes matters worse is the fact that the death of your loved one was actually caused by another party’s misconduct or negligence. If you find yourself in this very sudden and jarring position, you may be entitled to compensation. Keep in mind that during the grieving process, it can be difficult to gather the necessary documents and prepare a case for the court, which is why one of your first contacts should be to a reputable wrongful death attorney.
Frequently Asked Questions About Wrongful Death Lawsuits
1) Do I have a viable case?
This will vary greatly from situation to situation. Based on the circumstances, the death of a family member may or may not qualify as a wrongful death. The validity of a case will be covered during the initial consultation with your attorney.
2) How long do I have after the funeral to file a claim?
Only the spouse, child, or parent of the deceased victim is legally allowed to claim wrongful death on behalf of the victim. You are able to file a claim up to two years after the event that caused the death, but certain claims may have shorter periods. We advise speaking with an attorney to confirm the specifics of your situation.
3) What constitutes wrongful death?
Wrongful death is the most serious form of personal injury, and requires a measure of skill on the part of your attorney to navigate the case and insure you get the maximum compensation. Some of the most common causes of wrongful death cases are: automobile and motorcycle accidents, medical malpractice, work related accidents, defective products and poorly maintained facilities.
4) What damages can I claim in a wrongful death suit?
The first category of damages you can be compensated for are referred to as economic damages. Economic damages are funds awarded to you by the court to cover monetary losses and possible expenses caused by the passing of your family member or the defendant’s negligence. Compensation claims can include: Emotional pain, funeral expenses, loss of income, medical bills and property damages.
Non-economic damages are funds awarded specifically for emotional, lifestyle, or non-monetary damages. This is a broad category, but it boils down to physical and psychological changes that keep you from functioning or inhibit your ability to enjoy life’s pleasures.
5) Do all states treat wrongful death cases the same?
The short answer is no. The laws surrounding wrongful death vary widely from state to state, and you should consult an attorney from the state the accident occurred in. In Colorado, your best choice is Malnar Law, located in Colorado Springs.
Why hire a wrongful death attorney?
It may go without saying, but the main goal of any wrongful death claim is to seek only compensation for damages affecting the family of the victim. Wrongful death claims should never be used as a means of punishing the responsible party.
Nothing is more painful than losing a loved one to an accident or someone else’s negligence. Wrongful death is already a complicated legal field without the emotions of grieving a loved one. Give our experienced team a call today at 719-888-9529 and let us help you navigate your wrongful death suit and claim the compensation you may be entitled to.