Wrongful Death Attorney in Longmont
Wrongful Death Claims in Colorado
Have you recently lost a loved one in a fatal accident? Losing a family member suddenly and due to the negligence or carelessness of another party is especially tragic. To make matters worse, there are often many legal and other matters you are abruptly forced to juggle while coping with grief, such as arranging a funeral and dividing an estate.
At The Law Offices of Edward Smith, our Longmont wrongful death attorney understands how trying your situation is and we want to help. If you choose to file a wrongful death claim against the individual or entity who caused your loved one’s death, we know this decision does not come lightly. However, wrongful death claims can help you and your family receive the compensation you are entitled to for having to endure many sudden damages.
The types of damages you can recover in a wrongful death claim include:
- Funeral expenses
- Burial expenses
- Loss of consortium
- Loss of companionship
- Loss of earning potential
- Pain and suffering
- Punitive damages, if applicable
Though receiving a settlement to cover damages obviously cannot take away your pain and grief, filing a wrongful death claim can help remove some of the stress and uncertainty from you and your family’s lives. Holding the responsible party accountable may also be able to bring you some closure. We always do our best to respect the wishes of our clients and promise to represent you efficiently and with empathy during this tough time.
Contact us today to schedule your free consultation.
What Constitutes “Wrongful Death”?
Wrongful death can be caused in many ways, including motor vehicle accidents, slip and fall accidents, or faulty equipment malfunctions—however, the key factor in each case is that whatever caused the death was the result of another party acting carelessly or negligently.
If your family member was killed due to a drunk driver, speeding motorcyclist, or any other negligent behavior, Ed Smith will hold the reckless person or company accountable and work toward helping you and your family receive the payment you deserve.
If your loved one has died due to someone’s negligent behavior, serious consideration should be taken in hiring an experienced lawyer to begin making your wrongful death case. The money recovered from a wrongful death case will typically be awarded to the spouse and children.
The settlement money typically falls under one of three categories:
- Economic (medical bills, funeral costs)
- Non-economic (grief, emotional distress)
- Punitive (punishment for wrongdoing)
Although nothing can replace your loved one, a wrongful death case will ensure the negligent parties take responsibility and that your family is not left in financial distress.
Who Can File a Wrongful Death Claim?
While most types of personal injury claims are filed by the victim in question, serious accidents that result in catastrophic injuries or wrongful death require a representative to speak out on behalf of the victim.
Each state has its own specific rules and regulations that outline who can file a wrongful death claim and how long they have to do so.
In Colorado, the standard is as follows:
- If the victim has a surviving spouse, he or she is the only person who can file a wrongful death claim within the first year following the victim’s death. In total, the spouse has up to two years to file their claim.
- If the victim has surviving children, they can file a claim during the second year following the victim’s death.
- If the victim doesn’t have a surviving spouse or children, their parents may file the claim and must do so within the first two years following the victim’s death.
“We Were Rear-Ended By An 18-Wheeler and Hired Ed to Help Us.”- Brooke Johnston
“He took care of everything which was a big relief. I got a settlement that was way more than what I expected.”- David B.
“For any other person seeking to redress a personal injury case, I couldn't recommend anyone higher for your consideration than Mr. Edward Smith, Esquire.”- Charlotte M.