A wrongful death claim is a type of liability involving the death of a loved one. Losing a loved one can be devastating, and especially if his or her family must deal with a loss of that family member's support as well as their grief. Families and close relatives of individuals who were killed due to the negligent actions of others can bring civil action against the parties responsible for the death. Even when an individual is not found criminally responsible for the death of an individual, they can be held civilly liable for their death by way of a wrongful death claim. These types of personal injury claims are actually fairly common in the event that a company is responsible for the death of a loved one. For example, if a construction worker was killed on the job due to an oversight by their employer, then the family members may be able to bring civil action against the company. Money certainly won't make up for the loss of the person that you loved, but it will help ease the financial strain that can result so you don't have to add as much stress to your grief. That is where a Denver wrongful death lawyer at Anderson, Hemmat & McQuinn can help. Watch this informative video about Colorado wrongful death cases.
Some individuals and companies may be protected from having wrongful death lawsuits from being filed against them. The major way this protection is sought is by means of a waiver. For example, an employer might have all employees sign a waiver promising not to take civil action against them for injury or death. This is a strong defense against civil law suits from wrongful death, but not absolute. In these cases, there may still be potential for you and your family to take civil action. Even if your loved one signed such a document, you should still consider a wrongful death claim as a viable option. The best way to find out is by consulting with an experienced wrongful death attorney as soon as possible. If a wrongful death claim is successful, then the claimants may be able to recover finances for the cost of the funeral, loss of income and loss of consortium, among other economic and noneconomic damages. It is important to consult with an attorney on your wrongful death claim as soon as possible to find out if you have a viable claim, and begin building a strong case for compensation.
Wrongful death cases are dictated by Colorado's wrongful death act, which can be found in § 13-21-201 and 202. The law states that if death is the result of the negligent or careless actions of another, the heir of the descendant can file a wrongful death lawsuit against the negligent or criminally negligent party. Only one wrongful death action is permitted for each wrongful death case, which means that a widow and a descendant's son cannot each file separate wrongful death actions. The law allows for spouses, parents, adopted children, siblings, dependent children and some others to act as plaintiffs in these types of cases. Wrongful death claims can even be filed in the event that a fetus is wrongfully killed from a birth injury. For the most part, wrongful death claims are handled the same as personal injury cases, except the plaintiff is the family member representing the deceased.
Even if the deceased was partially at fault for the accident that caused their death, the surviving family members may attempt to recover compensation so long as their percentage of negligence was less than the combined percentage of negligence of the defendants (§ 10.3.1). Liability issues can sometimes be complex in these cases. For example, can the family of a descendant who was killed in a drunk driving accident rightfully file a claim against the driver if the descendant knew the driver was drunk and chose to get in the car anyway? Can a hospital or care taking facility be held responsible for a patient's suicide? These and other complex legal issues are best handled by a skilled Denver personal injury lawyer. We have successfully worked in many different cases like these, and are sure that we can help with yours too. Each individual case is different, and the best way to find out if you have a wrongful death case which can be successfully pursued is to call us. The Denver personal injury team at Anderson, Hemmat & McQuinn have a history of success in all manner of wrongful death situations. We understand that this is a difficult time, and will handle your case with the utmost care and compassion. We want to make this process as easy and stress-free as possible, so you have time to grieve and handle all of the necessary affairs.
If your loved one was taken before their time due to the negligence of another party, then you may want to consider speaking with a Denver accident attorney at our personal injury law firm about your possible case. If someone was responsible for this unfortunate loss in your family, then they should be held responsible and made to pay for the resulting expenses that have caused hardship for the family of the deceased. You and your family have suffered enough with the loss of your loved one, you shouldn't be made to suffer further with financial strain and adversity. Anderson, Hemmat & McQuinn is not only a personal injury law firm with experience, but a firm that provides compassionate representation—something that is important in such a difficult time as this. We will handle things as sensitively as possible, understanding that you are going through a difficult time of grief. If you would like to speak with our personal injury law firm about representation, please contact a Denver wrongful death attorney at our office today for your free wrongful death case evaluation. We are ready to help you through this unfortunate situation by handling your claim and working towards justice.
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Typically, a personal injury accident case will go to trial when a settlement agreement cannot be reached outside of courts. If the defendant in the personal injury case is refusing to offer a settlement that accurately reflects the extent of damages, then a trial might be the only option to secure maximum financial compensation.
The best way to know whether or not you should accept a personal injury settlement is to consult with an accident lawyer you trust. Insurance companies try to get claimants to settle quickly before they know how much they actually could get for their accident. Consider having your personal injury case evaluated by a Denver accident attorney from our law firm.
Anderson, Hemmat & McQuinn operates on a contingency fee basis. This is a "no recovery, no fee" guarantee which basically states that you do not owe us attorney fees until we obtain a verdict or settlement for you. To learn more about payment options, please call our experienced accident attorneys directly.
While it is not mandatory that you have legal representation for a personal injury case, it can be extremely beneficial. Many people are cut short of the financial compensation because they were not aware of how much they actually deserved for their extensive accident.
Many people do not go to the hospital after car accidents either because they think they are not injured or they fear they will have to pay out of pocket for the visit. Truthfully, many car accident injuries can go undetected and may not begin to bother the victim until days or even weeks after the accident. As a precaution, anyone involved in a moderate to serious car accident should go to the hospital for a physical evaluation. Most likely, this visit will be covered by insurance. Just be sure to keep record of the visit and the payment for the visit.
It can be difficult for a driver to know how much they're entitled to after a car accident. Many drivers accept the insurance company's first settlement offer because they trust that it's fair and will be enough to cover all accident-related expenses. This is not always the case. We encourage drivers to consult with a car accident attorney after a collision for a second opinion on how much your claim is worth. More often than not, insurance companies offer claimants far less than they actually deserve.
Colorado has comparative/contributory negligence laws. This means that even drivers who are partially at fault for accidents can recover compensation from insurance. However, this does not apply to drivers who are more than 50 percent at fault for the collision. For example, if the insurance adjusters decided that you were 20 percent at-fault and the other driver was 80 percent at-fault, then you could collect up to 80 percent from the other driver's insurance.
The information on this website is for general information purposes only. Nothing on this should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.