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The Pain of Wrongful Death

It’s like a punch in the gut when an unexpected tragedy strikes, and a loved one dies. Not only are you dealing with unbearable grief, you may be wondering if your loved one died as a result of a wrongful death due to someone’s negligence or neglect.

 

In Colorado, wrongful death claims are civil lawsuits that attempt to establish the liability of a person or company resulting in the untimely and wrongful death of a loved one. To receive compensation, the family must show that the death was caused by the negligence, recklessness, or intentional behavior of another person or entity. Some examples of wrongful death claims are: car accidents, slip and fall accidents, medical malpractice, or death caused by defective or recalled parts.

In Colorado, families can sue for both monetary damages. This compensation would cover losses of the estate, and punitive damages. This  would help families during their time of need, and in some cases, punish negligent parties that caused the death of a loved one. Monetary damages cover things like lost wages and other assets the deceased would have likely earned. It also can cover a benefit loss (such as health insurance) as a result of the death. Families are also able to seek damages for loss of love, companionship, comfort, care, and assistance lost because of the death. The amount of monetary damages is assessed by a jury or judge and will be determined by the facts of the wrongful death case.

Families may also seek to recover losses to the estate, such as medical, hospital, or emergency care expenses, as well as funeral and burial costs. These bills can quickly add up after the death of a loved one. The Bendinelli Law Firm will ensure that the negligent party will be held responsible and can help families through this difficult time.

In addition to monetary and estate damages, there are punitive damages. Punitive damages are meant to punish the wrongdoer to deter them, and others from acting in negligent or reckless ways. Though this cannot bring back a loved one, it can feel like justice has been served for the suffering families.

The laws surrounding wrongful death cases very by state to state. In Colorado, wrongful death lawsuits can be filed only by the surviving spouse in the first year, and then by the surviving children the following year. If the deceased has no surviving spouse or children the parents can then file a wrongful death claim. All wrongful death lawsuits in Colorado must be filed within two years of the death.

It is important to speak with an attorney if you believe a loved one has died because of the negligence of another person or company. If you believe your family has been the victim of wrongful death, contact the Bendinelli Law Firm today to speak to an experienced wrongful death attorney.

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