Why You Should Have a Wrongful Death Attorney on Retainer Now
Death is never an easy thing to deal with. Besides the grief, loss, funeral planning, and mountains of paperwork, there can also be significant financial devastation. Often the amount that must be done and processed is overwhelming and to add a wrongful death case into the equation can be significantly more difficult. Having a wrongful death attorney on retainer can actually help significantly, especially in the state of Colorado.
Wrongful death claims are brought against someone who has caused the death purposely or accidentally of another person. If the victim was purposely killed, like a civil suit after a murder case, if the victim dies of malpractice from a doctor, if the victim dies in a car accident, these can all be wrongful death cases.
How do we prove it?
Courts will look at if the defendant’s actions were negligible. They will look at if they owed more to the victim and could have done more to prevent or save the victim. Did the defendant owe more care to the victim? There will need to be proof that the defendant had a duty of care to the victim and did not meet that.
Who can file for wrongful death?
In the state of Colorado, the victim’s surviving spouse is the only one eligible to file a claim in the first year. After the first year, the victim’s surviving children may file a claim. If there is no spouse or children, the victim’s surviving parents may file a claim. The statute of limitations for filing a wrongful death claim in Colorado is two years.
What type of damages can be rewarded?
In Colorado, the victim’s surviving family may be compensated monetarily for damages caused by the death. These monetary damages include loss of potential income, loss of support, loss of insurance or other benefits, loss of love and companionship, and sometimes as punishment for causing the death. Some compensation may also be tied to funeral costs and medical expenses.
Death, even when expected, is devastating. The loss and changes that accompany it don’t have to take you by surprise or leave you lost and confused. Talking to a lawyer now about a potential wrongful death case in the future, or having one on retainer, can ease the burden. With Colorado’s short window of time to when a wrongful death case can be filed, planning ahead for the potential can save you and your family later in life.
By having one of our amazing lawyers on retainer, when the time comes, we will be ready to move the case forward and help your family receive the compensation that owed to you. While death is not something expected, planning for a wrongful death should be part of your planning, just like a will.