Damages in Loveland Wrongful Death Cases
Losing a child, parent, or spouse can be an incredibly difficult experience, especially if the reason they are no longer with you is someone else’s irresponsible behavior. While they cannot bring your loved one back, wrongful death laws could give you a way to tell your story and seek compensation for your tremendous loss. Some of what you might receive when you are successful in court proceedings includes funeral and burial expenses and loss of companionship and support.
Damages in Loveland wrongful death cases aim to address the anguish and hardship of those who live on after their loved one is taken from them. When you lose a spouse, child, or parent, our compassionate wrongful death attorneys could help you prepare for and take decisive actions against those responsible.
Types of Compensation in a Case Involving a Loved One’s Death
Colorado Revised Statutes §§ 13-21-201 and 13-21-202 give eligible surviving family members the ability to sue someone whose actions caused their loved one’s death. The law limits who can file this case by only allowing a spouse to sue in the first year and parents or children to file in the second year, with some exceptions. When those bringing the lawsuit, the plaintiffs, are successful, they could receive a range of compensation, including:
- Loss of support
- Emotional distress
- Pain and suffering
- Medical care costs
- Loss of companionship
- Funeral and burial expenses
In some situations, a plaintiff may qualify to request exemplary damages designed to punish the wrongdoer for killing their loved one when the at-fault person or organization’s conduct was fraudulent, intentional, or malicious, per Colo. Rev. Stat. § 13-21-203(3). Additionally, when the person accused of wrongdoing acts unreasonably or in bad faith during the lawsuit, the court may increase how much they must pay the plaintiff.
Calculating how much an individual or family could receive in damages for a wrongful death case in Loveland can be complex. A lawyer could speak with the affected loved ones and help them understand their options. They could also review settlement offers from the opposing party or their insurance company and advise the grieving family members on whether it is a fair proposal.
A Surviving Family Member’s Settlement Could Be Decreased
The law allows some survivors to request compensation for losses stemming from their loved one’s death, but some legal principles may reduce their final settlement. For example, Colo. Rev. Stat. § 13-64-302.5 defines when a person can ask for exemplary damages from a negligent doctor, hospital, or other medical provider and for how much. The law contains a similar restriction for when and how much someone can request in penalties for other types of cases, such as car accidents.
Wrongful death laws also limit the total monetary award someone can receive for noneconomic damages like pain, suffering, and grief. Under Colo. Rev. Stat. § 13-21-102.5, for example, the law may cap a claimant’s compensation at $250,000 or, in some situations, $500,000. This cap for damages in Loveland wrongful death cases may be up to a combined $1 million when someone sues a healthcare provider, per Colo. Rev. Stat. § 13-64-302.
Call an Attorney in Loveland for Help Calculating Damages in a Wrongful Death Action
When grieving the loss of someone you love, you may feel overwhelmed by their death and angry about it being caused by another’s actions. Taking a stand in court could give you the opportunity to speak out against the injustice you and your family have experienced. You may qualify to receive compensation and acknowledgment for what you are going through.
Our compassionate and rigorous advocates welcome the opportunity to understand your situation, how your loved one died, and how we could help. Reach out to an attorney at our firm for more information about estimating and fighting for damages in Loveland wrongful death cases.
