Arvada Wrongful Death Actions
After the unfortunate passing of a loved one, the surviving relatives may choose to take legal action. Such legal actions could involve seeking compensation in order to make up for emotional damages. If the surviving relatives decide to take such action, they should do so early on. If you believe that your family is owed compensation for the emotional trauma sustained following the untimely death of a loved one, contact an experienced attorney for help with Arvada wrongful death actions.
Process of Investigating a Wrongful Death Case
To investigate a wrongful death case, a person needs to review the death certificate and police reports, look at any autopsy reports, investigate the cause of death, and determine whether there were any surrounding abnormal circumstances that caused the person to die. Due to the complexities of wrongful death cases, as well as the potential need to issue subpoenas, it is recommended to investigate a case with the assistance of an attorney.
Length of a Wrongful Death Case
Arvada wrongful death actions can range from lasting a few months to lasting over a year, with longer times being associated with cases that go to court. Usually, the amount of damages owed or requested can make a case take longer, as well as having to get more than one or two experts to discuss damages. The complexity of the death or a disputed cause of death also can make the case last longer.
Calculating Wrongful Death Actions
Factors examined when quantifying the loss of a loved one include their health condition or health status up until the moment of death, their life expectancy, their job history, their prospects, their financial history, etc. to calculate the loss of future income, a person needs to use an expert economist or forensic accountant who can state previously earned income and then project that into the future. If the court is unable to award economic damages, the court may award a solarium.
It is important to conduct a thoughtful calculation of the loss of companionship because non-economic damages are subjective and personal. A person can have an expert try to take those subjective factors and do their best to translate into dollars. The only way to value the death of another is through awarding compensatory damages of that loss. A solatium is an award of money that a person gets in lieu of or in place of non-economic damages. It is valued at $87,210.
Loss of Companion Calculated
Loss of companionship falls under non-economic damages and is very subjective. The amount of damages recoverable may depend on several factors. For example, the close or relative nature of the relationship to the deceased party, the duration of the decedent’s relationship, and the existence of other family members. It is important for an attorney to be able to connect the dots and show the connection between the decedent and their family.
Who can Recover Damages in a Wrongful Death Action?
In Colorado, the surviving spouse or immediate family member is the only person who can file to recover damages in the first year after death. Then, both the surviving spouse and the children are allowed to file a claim. If there are no surviving family members, then the parents can file a claim. It is important to consult with an attorney regarding recoverable damages in Arvada wrongful death actions in order to receive professional help when undergoing this type of civil suit.
Common Types of Damages in a Wrongful Death Action
Common damages sought in a wrongful death case can include wages. This may involve the family demonstrating that the deceased person would have or could have earned more money for the family. Recovering damages could be seen as the most central and important job in Arvada wrongful death actions. This is due to the fact that nothing else can be done for the family of the deceased family.
Contact an Experienced Arvada Wrongful Death Attorney
Arvada wrongful death actions require the assistance of a dedicated attorney due to the sensitivity of these cases as well as the complexity of these cases. An attorney can provide you with professional legal guidance regarding the calculation of damages, the process of collecting evidence, and the intitial filing of an injury claim. Do not wait until it is too late, get in touch with a skilled attorney today.