There is probably nothing more shocking than hearing that a loved one has died. Whether you lost your child, spouse, or parent, the months ahead will be filled with reminiscence and grieving.
When a loved one dies due to the wrongful conduct of another person, you probably feel justifiable outrage. We can help. At Cimarron Ridge Legal Group, our Telluride wrongful death attorneys have fought for fair compensation when our clients lose the people they are closest to. It is vital that grieving family members contact the right law firm to protect their rights in the months ahead.
How a Wrongful Death Case Works
This is the type of claim that our clients can bring when a loved one died in a “wrongful” fashion. Not all accidental deaths qualify. Instead, Colorado Revised Statute § 13-21-202 requires that the death stems from the defendant’s default, neglect, or wrongful conduct. Often, we bring lawsuits because the defendant failed to use reasonable care, which is negligence. In other situations, a defendant might have been reckless or even intentionally killed your loved one.
Our attorneys have brought wrongful death lawsuits for many types of accidents, including:
- Car accidents
- Truck accidents
- Motorcycle collisions
- Slip and falls
- Dangerous premises
- Medical malpractice
Wrongful death cases are civil, not criminal. Consequently, the defendant does not have to be guilty of homicide to sue him or her. Someone who drives carelessly and hits your loved one, for example, could be responsible for a wrongful death lawsuit even if their conduct would not warrant a criminal prosecution.
Please contact us today to learn more. Each case is unique, and we need to analyze facts before we know whether you have a legal right to sue. There are also many important deadlines to meet, so avoid delay.
“I have had the pleasure of working with Mr. Martin on several occasions and have been extremely pleased with my experiences. He is professional, efficient and knowledgeable. He is truly an asset to have on your side when it comes to navigating the legal world.”Donald V.
“I have used Dan Shaffer as counsel for myself and my family for over 10 years. He always returns my calls and emails. He and his staff really seem to care about their work and clients. I wouldn’t hesitate to recommend his services to anyone with serious legal problems. ”JK - 2018
“Mr. Martin has been a huge help to me in navigating a wide range of legal issues in both my personal and professional life. His wide-ranging knowledge and exceptional legal expertise have made him an incredible resource, and his personal approach and sense of humor have made him a real friend.”Bryan M.
“My family sought Mr. Shaffer’s services for our daughter who was facing very serious charges. He was thoughtful and compassionate throughout her cases and helped us understand what was happening as every turn. I would strongly recommend his services to anyone with serious legal problems.”Traci C. - 2016
“I have been represented by Brent Martin on a number of matters. In each case, Brent’s work was timely, efficient and showed an excellent grasp on both the law and the facts at issue. He was available when I needed him and was very good at explaining the often complex issues involved. I highly recommend Brent and his firm.”Michael L.
“If you are looking for an attorney, Daniel Shaffer is excellent. He is not only highly effective and bright, but is also a thoughtful and caring individual. Dan’s legal expertise has helped me and my family immensely, and we couldn’t be more grateful. He and his team are wonderful to work with!”J and G H - 2017
Who Can Bring a Wrongful Death Lawsuit?
Legally, only certain people can bring a wrongful death lawsuit at certain times. The law is quite complicated, but we can summarize the details as follows:
- If a spouse survives the deceased, then he or she has the sole power to file a wrongful death lawsuit in the first year.
- If there are surviving children, they have the right to file the lawsuit in the second year after the deceased has passed. The spouse can also file during the second year if he or she did not file earlier.
- Parents can file if there is no spouse or any children who survive.
- The estate’s personal representative can file a survival action on behalf of the estate. This is somewhat different than a wrongful death claim but can be an important source of compensation.
This all might sound confusing—because it is. Some of our clients are both a surviving spouse and a personal representative, so they do not know which hat to wear.
If you think you might have the right to sue, please reach out to someone at our law firm. We can analyze your rights under the law, as well as the correct course of action to protect your family’s future.
Compensation for a Wrongful Death
Certain family members can receive compensation when their loved one passes. We have sought compensation for the following:
- Lost income your loved one would have earned had he or she lived. Depending on your loved one’s age and education, this could represent a considerable sum of money.
- Other lost benefits, such as the loss of health insurance.
- Loss of love, guidance, and emotional support.
Calculating the amount of compensation available is difficult. For one thing, there might be a dispute about how much your loved one could have earned had he or she lived a normal life. For another, it is hard to put a price tag on the loss of love and guidance that a parent or spouse can provide. Fortunately, our Telluride wrongful death lawyers have deep experience in this area. We do not simply wait for the defendant or his insurance company to make a fair offer. We seek evidence to maximize the amount of compensation that our clients can take home.
The personal representative of the estate can also file a survival action to receive compensation on behalf of the estate. Some of the damages they can seek include the cost of medical care to treat your loved one, along with burial and funeral costs. Money obtained will go to the estate.
Call a Telluride Wrongful Death Lawyer Today
Cimarron Ridge Legal Group stands beside grieving family members in their hour of need. To learn more, call (970) 644-5194 or send us an online message. Our consultations are free.