If a person has died as a result of the negligence of another person, company or entity, surviving family members have the right to seek compensation for the losses they have suffered as a result. This is a difficult and emotional time, and the assistance of an experienced lawyer can be extremely valuable.
At The Paul Wilkinson Law Firm, LLC, I have successfully represented countless families in wrongful death claims. The majority of the claims I accept arise from various types of fatal auto accidents, including:
- Car accidents
- Trucking accidents
- Motorcycle accident
- Pedestrian accidents
- Bicycle accidents
- Drunk driving accidents
- Distracted driving accidents, including texting while driving accidents
Has Your Family Experienced the Tragedy of a Wrongful Death?
Understanding How a Wrongful Death Claim Works
The Colorado Wrongful Death Act allows for lawsuits on behalf of certain relatives. The statute gives you and your children the right to pursue damages for the losses you have experienced as the result of your loved one’s death. It may also be possible for your loved one’s parents and others who were economically dependent on him or her to join you in the wrongful death action. In this lawsuit, the beneficiaries recover personally and directly for the damages they have incurred as a result of losing their loved one such as loss of benefits, future income and companionship.
The Colorado Survival Statute
When a wrongful death occurs, the Colorado Survival Statute allows a deceased person’s estate to bring a lawsuit on his or her behalf. A survivorship lawsuit allows for recovery of the economic damages that the deceased person incurred from the time of injury until his or her death. In a manner of speaking, it is the personal injury lawsuit that the deceased person could have initiated had he or she survived the accident.
Providing Essential Guidance During a Difficult Time
Each of these lawsuits has its own complex rules and concerns from a legal perspective such as varying statutes of limitations. While no lawsuit can ever truly replace a loved one, it is critical that the family of the deceased person consult with a competent and experienced attorney as soon as possible after their loved one’s death. The facts of the death need to be investigated so that the family’s legal rights can be identified and preserved.
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