Getting over the emotional stress resulting from a demise of a loved one can be daunting for their family members. It sometimes results in financial hardships as well. Every state’s laws offer a way of easing the financial burden that results in the death of a person. You must understand the various compensation that you are entitled to if you are eligible for a wrongful death lawsuit through the help of wrongful death attorney Denver.
Wrong Death Case: Understanding It In Details
A wrongful death case includes a survivor or the estate bringing a civil action against a deceased whose death is the result of either another’s intentional action or negligence. Every state has a particular set of rules dominating wrong death claims, including the rules determining who qualifies for filing the wrongful death lawsuit in the civil court system of a state. Ideally, the deceased’s estate, personal representative or even a family member is eligible to file the lawsuit with the help of an accident attorney in Denver, CO.
What Damages Can You Recover As Per Wrongful Death Lawsuit?
The damages that car accident attorney Denver can help you to recover in a wrongful death claim run inclusive of the economic damages like:
- Medical Costs
- Funeral Costs
- Loss Of Financial Contribution Belonging To The Deceased.
Economic Damages That Can Be Recovered In A Wrongful Death Lawsuit
Plaintiffs would need the assistance and help from experienced and skilled wrongful death attorney Denver in favour to establish economic damages. Only an experienced attorney can produce the family’s financial loss accurately with expert witnesses’ support. Different kinds of financial losses suffered by the family because of its member’s wrongful death are covered by the economic damages. Some tricky calculations are important to determine the money that the victim might have offered for his family. The court will take the following considerations:
- The Deceased Individual’s Age
- The Health Of The Individual Before The Accident
- Their Capacity For Income
- The Requirements Of The Children
- Other Particular Details Related To The Case.
Non-Economic Damages Recovered By The Wrong Death Lawsuit
The Non-economic damages that can be recovered include:
Though human life, once lost, can never be compensated through monetary awards, the court establishes a compensation amount for the deceased’s family and their enormous loss. You would need help from a highly-skilled accident attorney in Denver who can express the family’s grief, pain, destitution and inconvenience.
Wrong Death Lawsuit: What Is It?
A wrongful death lawsuit is usually initiated as a course of legal action by the deceased’s existing family members. Such events include demise resulting from:
- Medical Malpractice
- Defective Products
- Car Accidents
Wrongful death lawsuits are not the same as criminal charges. While accident attorney Denver, CO can handle both wrongful death and car accidents with equal precision, the former is usually settled by the civil court. The homicide charges are however handled by the criminal courts.
Why File Wrongful Death Lawsuits?
The victim’s family members can file a wrongful death lawsuit with the help of a car accident attorney in Denver, to recover damages, while the criminal charges are being filed by the state and prison sentence is sought by them. By offering evidence’s preponderance of a defendant’s liability, the plaintiff can win the lawsuit. The criminal can get charges both criminally and civilly.
The Various Categories Of Damages Present In A Wrongful Death Lawsuit
Damages in a wrongful death lawsuit can be categorized into two parts which in turn are defined by two different periods.
The first category allows damaging recovery that the deceased experiences from the time of the negligence that causes the wrongful death until the demise of the victim. The damages in this category might include the:
- Medical Expenses
- The Mental And Physical Pain Of The Victim
- The Suffering Of The Deceased
- Lost Wages Of The Victim
- Funeral/Burial Expenses
The second category of damage recovery covers the loss suffered by the immediate kin after the victim’s death. The damages in this category compensate for the financial losses suffered by the family survivors. The state laws imply that the damages in this category are meant to compensate the money value of the deceased and his earnings if they hadn’t died untimely. It might include lost wages that the deceased might have earned till retirement.
The major part of getting the monetary award is by hiring a professional car accident attorney Denver who can establish a strong case for all the family’s suffering due to wrongful death. Based on the circumstances of the death of the deceased, the surviving family members can also receive punitive damages from the courts. Talk to your attorney today to know what damages can be recovered in your case.