While the Denver survival action case process may seem complicated and stressful, know that a qualified Denver attorney can help guide you through the steps necessary towards bringing about a case. Read on to learn more about the Denver survival actions, as well as the ways a weathered wrongful death lawyer can make a difference in your family’s life.
Initiating a Survival Action in Denver
If the decedent survives for a period of time before dying as a result of the injuries caused by the wrongful act of the defendant, the deceased’s personal representatives may pursue a claim under the survival statute, Colorado Revised Statute Section 13-20-101, to recover economic losses incurred between the injuries and the time of death. First, a claim is filed with a tortfeasor’s insurance company.
After a personal representative is appointed, the personal representative decides whether the case should be settled or taken to court. Under Colorado Revised Statute 13-20-101, the personal representative of the deceased is the only individual who can bring survival actions to the court. The court then decides whether to continue the action. Once liability has been established, an attorney will then work with the tortfeasor’s insurance company to try to get some type of estimate for compensation, and the family members and personal representative of the deceased decide whether to accept that settlement.
Recoverable Damages in Survival Action Cases
Damages recoverable under the Colorado Revised Statute 13-20-101 include funeral expenses, medical expenses, loss of earning capacity, and any element of damage that would have been asserted by the decedent if they had lived. Common medical bills that accompany survival actions are hospital bills, funeral expenses, medical expenses, and any other damage that could have been asserted by the decedent if they lived. Funeral costs can be quite costly as an individual could have a burial, a cremation, or in some instances a mausoleum. The cost can be as minimal as a few thousand dollars or as costly as hundreds of thousands of dollars. Costs are contingent on the type of funeral the family would like to have for the deceased. These costs are considered to be damages because the family would not pay for any funeral expenses without the actions or negligence of the tortfeasor.
Private Negotiation vs. Going to Civil Court
Together, the attorney and personal representative of the deceased decide whether the case should be taken to court or handled outside of the court in a private setting. An experienced lawyer will analyze all the surrounding factors associated with the claim, including the liabilities against that tortfeasor, to determine the best course of action. For example, if the tortfeasor is a corporation with numerous lawsuits in the works, a dedicated attorney will try to bring publicity to the case. This is because the corporation will want to settle the case quickly, often resulting in higher compensation for the grieving family.
In other scenarios, it might be in everyone’s best interest to settle the case out of court in a private setting. While these decisions will differ from case to case, a compassionate lawyer will only fight for what the family wants after providing their professional legal opinion.
The Role of a Professional Denver Wrongful Death Attorney
A compassionate wrongful death lawyer will provide the grieving family with all the resources they need to help fight for their compensation. Although no money in the world will bring back the loved one, it will help to have an attorney knowledgeable in this practice of law for assistance. In addition, a skilled lawyer can walk the family through all the pitfalls that are normal and customary in these types of cases to help them receive the compensation that they deserve. Reach out to an experienced Denver wrongful death attorney to learn more about the Denver survival action case process.