Comprehensive personal injury legal services you can trust.
Contact us today for the compensation you deserve for your damages, losses & injuries.
We're ready to hear from you!
The loss of a loved one is never an easy experience, especially when due to the negligence or wrongful act of another person. Colorado law defines wrongful death as the death of an individual due to the careless, wrongful, or reckless behavior or neglect of another person. If you are dealing with the loss of a loved one and believe you have a case, our team of Colorado Springs wrongful death attorneys at Shakeshaft Law Firm is well-prepared to offer the best legal support possible. Contact us today to schedule a consultation.
In Colorado, there are many different situations that could qualify as a wrongful death. Some of the most common incidents that result in wrongful death charges include:
Auto accidents account for a large portion of wrongful deaths in Colorado. Car and truck accidents will often result in a wrongful death charge if the victim died due to reckless driving behaviors like speeding, drunk driving, and more. Pedestrian accidents often result in severe injuries or fatalities, leading to complex wrongful death claims, especially when drivers are found negligent. Other factors, like improper maintenance on a vehicle or driver fatigue, may influence the outcome of the case as well.
The Colorado Department of Transportation (CDOT) reports an increase in fatal car crashes in the last year.
Deaths resulting from a misdiagnosis, surgical errors, medication errors, or birth injuries can also qualify as wrongful deaths. If a healthcare provider is unable to diagnose an illness or condition in a timely manner, this typically qualifies as a delayed diagnosis. Delayed diagnosis’ and misdiagnosis’. Doctors, nurses, and hospitals may be held accountable if their negligence was the reason for death.
Not all workplace deaths will be considered wrongful deaths, though if the fatality was caused by an equipment malfunction or inadequate safety measures, it could be considered a wrongful death. Traumatic brain injuries are a common outcome in severe accidents, and when these injuries result in death, they can form the basis of a wrongful death claim.
Faulty and unsafe products will occasionally result in the death of the consumer. This is common in a lot of pharmaceutical products and medications. If a product has not been properly tested or inspected and results in the death of a consumer, the manufacturer may be held liable.
Failure to provide sufficient medical care to elderly patients in nursing homes is often viewed as abuse or negligence and classified as wrongful death. Common signs of nursing home abuse include malnutrition, bedsores (mostly causing back & spinal cord problems), and improper medical care.
An individual who loses a loved one due to assault or homicide may also be able to file a wrongful death claim in addition to any other criminal charges the offender is facing.
After a wrongful death, there are certain people who are eligible to file a claim, with immediate family being prioritized.
Following the death, the surviving spouse has 1 year to file a wrongful death claim. The spouse will have the exclusive ability to file a claim for the duration of the first year after the death.
After 1 year, the deceased’s children will also be eligible to file a claim. In some instances, the deceased may have set up a will or trust prior to their death, choosing a designated beneficiary who will be able to file a claim. The surviving spouse will also still be able to file during this time, but will have to share the right to file with the children.
In cases where the deceased does not have any children or a surviving spouse, then parents, siblings, or any other relatives may be able to file a wrongful death claim as well.
Eligibility to file a wrongful death claim is typically reserved for close family members. Family members or beneficiaries will generally have up to 2 years to file a claim. Colorado courts are strict on the statute of limitations for wrongful death claims, so it is advised that you act promptly. Consulting with an experienced wrongful death attorney like those at Shakeshaft Law Firm will be beyond beneficial for your case.
Those who are considering pursuing a wrongful death claim may be wondering what kind of compensation is available to them. Colorado distinguishes compensation by economic and non-economic damages.
Some examples of economic damages that family members may be compensated for include:
Any treatment or medical attention that the deceased received prior to their death may be compensated. This includes hospital bills for surgeries, rehabilitation, ambulance services, medications, and any other healthcare expenses related to the individual’s death. It is often helpful to provide documentation of bills and invoices to help in the claim process.
Any costs incurred during the funeral, burial, or cremation services may also be compensated. This often also includes transportation costs, memorial services, and reception costs.
Losing a loved one is often a devastating experience that alters the lives of those around the deceased. If you are dealing with the death of a loved one or family member due to the wrongful actions of another individual, we encourage you to reach out to the Shakeshaft Law Firm today for expert legal guidance. We have the compassion and expertise to help you through the legal process and seek the compensation that you deserve.
In Colorado Springs, the surviving spouse has the exclusive right to file a wrongful death claim within the first year after the death. After that, the deceased's children can also file a claim. If there are no children or a surviving spouse, other relatives like parents or siblings may be eligible.
The statute of limitations for filing a wrongful death claim in Colorado Springs is generally two years from the date of death. It is crucial to act promptly and consult a wrongful death attorney to ensure your claim is filed within this period and to increase the likelihood of a successful outcome.
In Colorado Springs, compensation in wrongful death cases can include economic damages like medical and funeral expenses and non-economic damages such as pain and suffering, emotional distress, and loss of companionship. A wrongful death lawyer can help you determine the full extent of the damages you are entitled to claim. For personalized assistance and to discuss your case in detail, please contact us at Shakeshaft Law Firm.
