Colorado Springs Wrongful Death Attorney
A suit of wrongful death can be filed when the loss of a person’s life happens as a result of negligence or accident on the part of the defendant. Understandably, the grief, remorse, and shock surrounding these circumstances are high, and it takes a skillful lawyer to help the defendant navigate such waters.
Examples of Wrongful Death
Examples of wrongful death can be varied, but all are tragic, and all are unintentional. The choking death of a toddler who swallowed a small part of a toy, a distracted driver who caused a fatal head-on collision, or a nursing home patient who died due to improper supervision all are examples. Wrongful death can be claimed in criminal cases, where a victim dies as an indirect result of a criminal act perpetrated by another, even if the intent was not to kill. In these cases, the perpetrator faces criminal charges as well as wrongful death charges in civil court when family members seek compensation for the death of their loved one.
Colorado Wrongful Death Act
The Colorado Wrongful Death Act was passed in order to provide support for the immediate family who depended on the deceased, and to address survivor needs based on priority. In Colorado, the surviving spouse has exclusive rights to file a lawsuit within the first year after death, with that right transferring to both the spouse and children of the deceased within the second year. The claimants can opt to go to trial, where they can win the sympathy of the jury, or they may settle out of court.
The issue of determining monetary damages is a complex matter and requires the knowledge of an experienced attorney. Colorado wrongful death law recognizes economic and noneconomic damages. There are no caps for economic damages, and they are usually calculated by projecting the future income of the deceased, adjusted for inflation. Noneconomic damages are often granted and are based on the grief, loss of companionship, and hardship of the survivors. Noneconomic damages are capped at under $350,000, split among all liable parties. However, a claimant also has the option to ask for solatium award, in lieu of noneconomic damages, so that only liability for wrongful death need be proved, instead of proving the weight of their noneconomic damage. Solatuim awards are capped at around $67,000 at present time, and cannot be reduced once accepted. To further complicate matters, these figures can vary based on whether other Colorado statutes intersect with the Wrongful Death Act, such as the Health Care Availability Act, which governs malpractice suits, or the Ski Safety Act, which would be relevant if the wrongful death occurred at a ski facility.
Experienced Wrongful Death/Personal Injury Attorney
If you are faced with a wrongful death suit, you need an experienced and compassionate defense attorney at your side. Make your first call to Jeremy Loew at Loew Law and he will help you mount a serious defense. Call (719) 387-4111 today or click HERE to contact Jeremy Loew.