A wrongful death lawsuit is filed when someone died due to the actions or negligence of another person or company and the family of the deceased is pursuing monetary compensation for the death of their loved one. There are many different types of wrongful death lawsuits, but all of them include the death of a person at the fault of another person or company and the pursuit of compensation from the surviving parties. The law is very particular about who can bring a wrongful death suit and at what time, but generally the right extends to family members of the deceased person.
Due to the varying nature of these lawsuits, every settlement is different and will be determined individually based on the circumstances surrounding the incident that caused the fatality. To get more detailed information about your individual situation, make sure to speak to an experienced Colorado Springs wrongful death attorney about your case.
It probably goes without saying that the death of a close family member is traumatic. It is generally even more shocking and painful when the death is sudden, and results from the negligent actions of another person. It’s natural to go through a wide array of feelings when faced with this difficult situation, and our clients have exhibited feelings ranging anywhere between frustration, despair, all the way to extreme anger at the people or entities responsible for their loved ones’ death.
Dealing with the legal aspects of recovering for the loss of a loved one can often stoke these difficult feelings as you have to relive the tragic events that led up to the loss of your loved one. There’s nothing that anyone can do to make up for the death of a close family member, and the situation will be stressful enough without having to deal with an attorney that isn’t prepared. Our Colorado wrongful death attorneys are both experienced and compassionate so you can rest assured that your case will be properly handled, and you will be treated fairly and respectfully every step of the way.
You may be wondering what a typical wrongful death case involves, but to be honest, there is no such thing as typical when it comes to wrongful death cases or any other injury case. Every lawsuit is very unique in the circumstances surrounding the incident that caused death, the parties involved, whose fault it was, the costs of medical bills & funeral as well as many other things that can be a factor. For some quick reference though, here are some of the most common types of wrongful death lawsuits in Colorado:
If you think you have a wrongful death case, but aren’t sure, check out our guide on how to know if you have a valid wrongful death case or feel free to give us a call to discuss it with an attorney.
There is a relatively narrow range of people who can rightfully file for wrongful death compensation after a person dies at the fault of another person or company. To put it simply, a direct family member or spouse of the deceased person will generally be eligible to bring a wrongful death suit. The rules regarding who can bring a wrongful death suit and when they can lawfully file it are very specific and strict, so your best bet would be to discuss the situation thoroughly with your wrongful death attorney before taking any action.
Every lawsuit is different as we discussed earlier, but wrongful death cases can vary drastically in the amount of time they take to fully resolve. Sometimes we are able to get a quick settlement from the insurance company, however other times we have to go to court and battle it out for a year or more to fully reach a just resolution for our client. Yea- long cases are not extremely common, but can definitely be the case if you are dealing with stubborn companies that want to question and fight every aspect of the case. Never expect a quick payout on any case, but especially on a wrongful death case, the timeline is completely beyond our control. That’s why we always advise our clients to have realistic expectations of the timeline as well as compensation amounts.
The person responsible for paying out monetary compensation to the survivors would be the at-fault person or company behind the fatality. Sometimes this means that the insurance provider for that person or company will end up paying some or all of the bill. In a lot of cases, if a person is liable, that person might not have enough insurance coverage to handle the entire compensation package. In this case, the at-fault party would have to pay the remainder of the balance after the insurance company pays its share, if the at-fault party has the assets to do so.
The question of who pays is especially significant in a wrongful death suit, because the amounts claimed are generally quite high. It is an open secret in the world of attorneys that you can more easily win a judgment than you can collect on it. What that means is that you can sue your neighbor for $1,000,000, and you might even win, but unless he has $1,000,000 or insurance in that amount, you won’t be able to get paid.
Our wrongful death attorneys and team members are experts at seeking out insurance coverage when there are concerns that the at-fault party might not have enough assets to properly compensate our clients. We recognize that no amount of money will replace the loss of a loved one, but the death of a close family member generally raises significant financial concerns and jeopardizes the financial security of the survivors. We work hard to ensure that our clients can be made whole by every lawful means at our disposal. If you are wondering who gets the money in a wrongful death lawsuit, then check out our other article.
With many wins for our wrongful death clients over the years, you can trust that Rector Stuzynski LLC is your best choice for a knowledgeable wrongful death attorney. We go to court with solid strategies based on evidence and expert witnesses to get you as much compensation back as possible with your case. Every client receives our best performance at every turn because we know we would want the same if we were on the other end. Don’t hesitate to call & discuss your lawsuit with our Colorado wrongful death lawyers, we offer free consultations anytime at (719) 578-1106.
We serve clients charged with crimes or injured anywhere throughout the state of Colorado, but we focus on residents of these areas: Colorado Springs, Manitou Springs, Fountain, Monument, Black Forest, Pueblo, Canon City, Larkspur, Security-Widefield, Peyton, Castle Rock, Teller County, El Paso County, Elbert County, Park County and beyond.