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Wrongful Death Attorneys in Colorado Springs

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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. 

What Constitutes a Wrongful Death in Colorado?

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

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. 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. 

Medical Malpractice

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. 

Workplace Accidents

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. 

Product Liability

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. 

Nursing Home Negligence

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, and improper medical care. 

Violent Crimes

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.

Who Can File a Wrongful Death Claim?

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. 

How Long Do I Have to File a Wrongful Death Claim?

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. 

What Kind of Compensation Is Available in Wrongful Death Claims?

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:

Medical Expenses

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. 

Funeral Expenses

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. 

Contact Shakeshaft Law Firm Today to Start Building Your Defense

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. 

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Shakeshaft Law Firm
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Colorado Springs, CO 80903
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