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Monument Wrongful Death Lawyer

Monument Wrongful Death Lawyer

Suddenly losing a loved one in an accident caused by another person’s negligence may leave you feeling lost and confused about what to do next.

While taking legal action may not be on the forefront of your mind, a compassionate Monument wrongful death lawyer could provide support during this difficult time in your life by helping you take steps to hold the negligent party accountable.

Monument Wrongful Death Lawyer

Individuals who have lost family members may be entitled to compensation and could collect by filing a wrongful death lawsuit.

A personal injury attorney could be your legal advocate and guide you throughout the claims process.

Table of Contents

What is a Wrongful Death Claim?

A wrongful death claim is a type of civil lawsuit that establishes the liability of an individual or entity for the fatality of another.

These claims are only valid if the deceased would have been able to file another personal injury case had they survived.

Additionally, to pursue a successful wrongful death claim, a Monument attorney would be required to prove that the fatal accident was caused by the recklessness, negligence, or intentional behavior of another person or company.

From car accidents to incidents stemming from defective products, there are a wide variety of events and injuries on which a legal representative could base a wrongful death suit.

Eligible Parties to File a Claim

Colorado Revised Statutes §13-21-201(1) establishes specific parties who could be eligible to file a wrongful death claim, along with the associated time limits to file a suit.

Under state law, the decedent’s surviving spouse is the only individual who may file a claim the first year following their loved one’s death.

During the second year following the fatal accident, both the surviving spouse and children of the decedent would be permitted to bring a lawsuit.

If the deceased did not have a spouse or children, their parents could file a lawsuit to seek losses for their child’s death.

Besides any case presented by surviving family members, the decedent’s estate representative could file a claim for specific types of losses to the state.

This is also known as a survival action.

Recoverable Damages

C.R.S. §13-21-203(1)(a) details the possible compensation that a family member could pursue under the Colorado Wrongful Death Act.

In Monument, an attorney presenting a wrongful death lawsuit on behalf of the deceased could seek damages such as:

  • Benefits lost due to the individual’s death, such as life insurance
  • Wages and other types of compensation that the decedent would have likely earned if not for their untimely death
  • Loss of companionship, care, comfort, assistance, love, protection, and affection

The decedent’s representatives also could pursue damages for losses incurred by the estate, such as hospital, medical, and emergency care costs associated with the deceased’s final injury or illness, funeral costs, and burial expenses.

In certain instances, family members could be able to seek punitive damages, which are awarded to punish the defendant and deter similar negligent conduct in the future.

How Do Wrongful Death Cases Involving Minors Differ from Those Involving Adults?

In general, the wrongful death of a minor is viewed as more tragic than a wrongful death of an adult because the young person did not have a chance to grow up and explore and enjoy life.

Jurors tend to think of minors as more vulnerable and needing protection than adults.

Additionally, if the claim of a minor is future wages in any capacity, it is going to be more difficult to establish.

Experts are typically needed in this regard because minors do not have a career path set.

An expert can be helpful in determining what that minor would be expected to earn in their lifetime, which is a bit more difficult than predicting an adult who is already in an established career.

Speak with a Monument Wrongful Death Attorney

Losing a loved one can be one of the most devastating and traumatic ordeals that someone could ever endure.

If your family member recently passed away in an accident caused by another’s recklessness, do not hesitate to contact a Monument wrongful death lawyer.

A caring attorney could review your case and explain your legal options in full.

To get started on your case, schedule a consultation today.

Written By:

Attorney, Christopher M. Nicolaysen focuses primarily on helping those injured in car accidents due to no fault of their own.

The personal injury matters include auto accidents, bicycle accidents, pedestrian accidents, and trucking accidents.

Chris truly enjoys helping clients through a difficult time and helping them get the compensation they deserve.

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About Springs Law Group
The lawyers at Springs Law Group have experience handling diverse personal injury cases with empathy and understanding.
We recognize the delicate nature of these claims and tailor strategies to meet your unique requirements, focusing on smart — not emotional — strategies.
Our team is committed to building long-lasting, trust-based client relationships.
We believe this approach helps ensure that choosing us means partnering with a firm that genuinely values you as a person — not just another client.
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Do You
Have A Case?
No out of pocket costs.
We only collect a fee AFTER you win your case and receive full compensation.
Contact our team today to discuss your case for free & Get answers in as little as 3 minutes.
Would you like our help?
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