When a Loved One is Wrongfully Killed
 

Coping with the death of a loved one is never easy, but the loss can be especially difficult to accept when it results from a situation that could have been avoided.

A "wrongful death" occurs when a person is killed due to the negligence, misconduct or carelessness of another. Wrongful death actions can arise from medical malpractice, automobile accidents, ski accidents, intentional misconduct, product liability, premises liability or other circumstances.

The emotional trauma that comes from the loss of a loved one is often coupled with significant financial considerations. These financial considerations include both immediate and future expenses. It is important for you and your family to know your future is financially stable. To do so probably will require legal advice as to the different types of damages you may seek. Damages may include: pain and suffering, medical bills, funeral expenses, loss of future earnings, loss of benefits, loss of inheritance and loss of companionship.

In Colorado, the surviving spouse, next of kin or personal representative brings a wrongful death action on behalf of the deceased. When pursuing a wrongful death claim, you are entitled to seek compensation for the non-economic damages, meaning your grief and sadness associated with the loss of your loved one. Under Colorado statute this is limited to $436,070.00 as of August, 2009, with exceptions including for cases involving medical malpractice claims. Periodically, in accord with Colorado law, this cap is adjusted for inflation - the adjusted limitation on damages certificate is provided by the Colorado Secretary of State.

You are also entitled to reimbursement for all medical, funeral and associated expenses related to the death, and care for injuries or conditions resulting in the death. The medical expenses may be subjected to a subrogation interest asserted by the medical insurance provider - we can help negotiate any reimbursement required.

You may have a claim for the net pecuniary loss resulting from death and this claim is not subject to a subrogation interest or other claim. This will include wages, less what consumption would have occurred during the lifetime of your loved one, as well as fringe benefits. If you shared a home, you may also receive compensation for loss of help in running the household.

If you have lost a loved one in an accident or through negligent medical care, we can represent your interests against the parties at fault and their insurance companies. Our detailed understanding of Colorado's insurance and general liability laws means we understand the different sources of recovery available to accident victims and their families, as well as the various theories of liability that enable clients to recover from the parties who are responsible.

Read how we helped a family win a wrongful death case.