Evans Wrongful Death Lawyer
Losing a loved one due to unforeseen circumstances is a painful and heart-wrenching experience to go through. Although no amount of money could make up for their untimely death, a financial compensation award could be of use for funeral and medical expenses.
To find out how to hold the negligent party accountable for the death of a family member, you should reach out to a compassionate injury attorney today. An Evans wrongful death lawyer may be able to sit with you and your family to discuss the process of a wrongful death case and how you could craft a convincing claim.
Defining a Wrongful Death
When an individual loses their life due to a negligence, carelessness, or neglect of another person, a wrongful death occurs. Nearly any situation that involves the negligence of one party leading to the death of another individual could warrant a wrongful death lawsuit. The most common causes of wrongful death lawsuits include:
- Fatal car accidents
- Dangerous or defective products
- Hazardous property conditions
Families should understand that wrongful death lawsuits are civil cases that are completely independent of any criminal cases the defendant could face. Civil and criminal cases are tried separately and may have different outcomes, although a guilty verdict in a criminal case might help the jury in a civil case to award damages to the plaintiff.
Who Can File a Wrongful Death Claim in Evans?
Under Colorado Revised Statutes §13-21-201, only certain people are eligible to file a wrongful death lawsuit, and some have to wait until a specific period of time elapses. Within the first year after a wrongful death, claimants could include the spouse or heirs of the deceased with the permission of their spouse. During the second year following the death, the spouse and the surviving children could file a claim.
If the deceased person does not have a surviving spouse or child, the parent may file the lawsuit. Additionally, a representative of the estate of the deceased has a right to file a lawsuit to recover damages to the estate. This is referred to as a survival action.
Damages in an Evans Wrongful Death Case
Plaintiffs in a wrongful death case could seek several different types of damages in their lawsuit. Common damages include wages and income that the deceased would have earned if they had not died prematurely, benefits such as life insurance, as well as the loss of the love, companionship, care, and protection of the deceased family member.
An Evans wrongful death lawyer could also assist representatives of the deceased’s estate could seek damages for medical care expenses related to the deceased’s illness or injury leading up to their death and funeral and burial expenses.
Call an Evans Wrongful Death Attorney for a Case Review
Unexpectedly losing a loved one is often one of the most stressful and traumatic times in an individual’s life. There may be many unanswered questions and feelings of confusion.
No amount of money could bring your loved one back but receiving a fair settlement, or a jury award could help with your financial recovery. Call to request a case review from an experienced Evans wrongful death lawyer today.