Greeley Wrongful Death Lawyer
The loss of a loved one is a devastating event. Losing someone is particularly difficult to process when it is caused by the careless or reckless actions of another person or company. Vehicle crashes, dangerous falls, and nursing facility abuse are among the incidents that commonly give rise to wrongful death claims.
If your love one passed due to another person or company’s negligence, you could hold the negligent party accountable for their actions. Through a civil lawsuit, a Greeley wrongful death lawyer could help you recover damages from the negligent party. A compassionate personal injury attorney could stand alongside you during this time, help you understand your options, and pursue a claim while you focus on healing.
Who Could Bring Forth a Wrongful Death Claim?
In the first year following the loss, the deceased’s surviving spouse has the right to bring a wrongful death claim, as outlined by Colorado Revised Statutes § 13-21-201. However, if there is no surviving spouse or the spouse does not sue within the first year, then the heirs of the deceased have the right to bring the claim. “Heirs” does not include nieces, nephews, parents, and siblings. However, there are some circumstances, depending on the identity of the deceased, where other family members could file. A compassionate Greeley wrongful death attorney could help explain who could file a claim.
There is a specific deadline that applies to deaths due to negligence in Greeley called a statute of limitations. The statute of limitations for filing a claim is two years from the date of death. This applies no matter who chooses to bring forth a claim. Recovery may be barred altogether if a claim is filed outside of this timeline. This is why it is important to reach out to a skilled attorney as soon as the family is ready to do so.
Potential Survival Actions
A survival action is different from a wrongful death action. Survival actions are typically brought by the personal representative for the deceased’s estate to recover the losses of the estate. As held under C.R.S. §13-20-101, a survival action could recover the value of lost wages, funeral expenses, and medical expenses.
Damages for pain and suffering are specifically excluded from a potential survival action. Those considering a claim after losing a loved one may wish to note that survival actions and actions for wrongful death could proceed concurrently. However, it may be beneficial for individuals to consult a well-versed wrongful death lawyer in Greeley with questions regarding survival actions.
Calculating Wrongful Death Damages
Available damages in a wrongful death case include the losses sustained by survivors of the decedent, including family members, children, spouses, and other family members. Those damages may include proof of the decedent’s participation in family life, such as help with the children’s extracurricular activities, involvement in homework, housekeeping duties, work, and chores at home.
Included in this calculation would be the burdens undertaken by the remaining family members to replace those losses, including loss of consortium on the part of the spouse, housekeeping, extracurricular activities, and other considerations.
The Importance of Working With a Seasoned Attorney When Calculating Damages
There may be several factors that an attorney will have to consider in arriving at a calculation for the loss of a family member. Many of these considerations are not immediately apparent. It is important for those who sustained a loss to work with an experienced Greeley wrongful death attorney to make sure that all these considerations are included in the loss calculation.
Work with a Greeley Wrongful Death Attorney
Losing a loved one is always difficult to process but losing a loved one due to the negligence of another is often emotionally debilitating. When accidental injuries or harm caused by negligence results in death, the situation is particularly painful. In addition to anger and sadness, you may wonder how you will cover the expenses related to the funeral or maintain your life without financial support.
There is a chance to recover through a civil lawsuit. An adept Greeley wrongful death lawyer could supply answers, explain legal concepts, and ultimately assist with filing a legal action. If you are entitled to file a wrongful death claim, action must be taken within the allotted timeframe.
Working through grief can be an overwhelming process for everyone. Allow a wrongful death attorney to ease some of your burden by advocating for your legal rights. When you are ready, reach out to an empathetic injury lawyer to discuss your claim.