When should I file a claim?

Colorado’s statute of limitations on filing a personal injury claim is two years. Colorado operates under the discovery rule, meaning that the clock starts ticking from the time the injury is discovered, not from when it initially occurred.

How can I prove negligence?

Colorado operates under the contributory negligence rule, which means that the person who injured you may file a counter-claim for damages if they believe that you, the injured, were also partially at fault.

When will the other person’s insurance contact me?

Colorado law stipulates that insurance is not allowed to contact you within 30 days of being injured. A release of liability, which is a statement that says you won’t sue the at-fault party for anything else, can’t be obtained by insurance within 30 days either.

Justice for You

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Grand Junction Wrongful Death Attorney

sssLosing a loved one is one of the most difficult experiences a person can go through. During this time, typically, the last thing most people want to think about is filing a lawsuit. However, if a negligent party was responsible for your loved one’s death, they should be held accountable.

By partnering with an experienced wrongful death attorney, you can ensure the liable party’s negligent, reckless, or intentional actions don’t hurt anyone else. At Killian, Davis, Richter & Fredenburg, PC, we understand the catastrophic financial and emotional impact of a loved one’s sudden and unexpected death. Our Grand Junction personal injury lawyers will help you recover damages caused by medical bills, funeral expenses, and loss of income so you can focus on healing your broken heart and moving forward from this indescribable loss.

WRONGFUL DEATH COMMON CAUSES

Colorado’s Wrongful Death Act allows people to sue for damages caused by a variety of causes. Because individuals can request compensation for damages caused by the wrongful act, neglect, or default of another person or entity, wrongful death attorneys can make a case for deaths caused by medical malpractice, car accidents, defective products, or work-related accidents.

One very common cause of wrongful death is medical malpractice. A misdiagnosis, or failure to diagnose an illness that leads to a patient’s death, is grounds for a wrongful death claim. When this happens, the family entitled to the decedent’s estate – as well as the wrongful death attorney representing that estate – can sue the doctor as well as the hospital.

Car accidents are another common reason for wrongful death lawsuits. For example, if someone was driving drunk and hit another person causing their death, the victim’s dependents can sue for wrongful death. This is because the drunk driver not only neglected his own well-being, but that of everyone else on the road.

In the case of work-related accidents, your wrongful death attorney will help you build a case that demonstrates why the actions or lack of action by the deceased person’s workplace led to the accident occuring. However, a person or organization doesn’t even have to act to be hit with wrongful death claim. This can include companies failing to perform maintenance or inspections, schools failing to stop bullying, and more.

WHO CAN RECOVER DAMAGES IN A WRONGFUL DEATH CASE?

In Colorado, the heartache of losing a loved one due to wrongful death is compounded by the complexities of the law regarding who can seek damages. Understanding these legal intricacies is crucial for families seeking justice and compensation.

IMMEDIATE FAMILY MEMBERS

In the first year following the death, the right to file a wrongful death claim is reserved exclusively for the deceased’s spouse. This period allows the spouse to make decisions without the complication of other claims being filed.

During the second year after the death, the rights to file a claim expand. Both the deceased’s spouse and the children can file wrongful death claim. If there are no children, the parents of the deceased can also file a claim during this time.

REPRESENTATIVE CLAIMS

In addition to family members, the representative of the deceased’s estate has the right to bring a claim for “solatium” or non-economic damages. This includes compensation for grief, loss of companionship, pain and suffering, and emotional stress. The estate may also recover damages for losses that directly impact the value of the estate, such as lost wages or medical expenses incurred prior to death.

EXCEPTIONS AND CONSIDERATIONS

Colorado law recognizes the rights of a designated beneficiary, who can also file a wrongful death claim if there is no surviving spouse or if the designated beneficiary has been explicitly named in a will or other legal document.

EXCLUSIONS

It is important to note that if the deceased is survived by a spouse and children from a different relationship, the spouse must obtain consent from the children to file the claim or must notify the children if they decide to file alone.

Navigating the legal journey after wrongful death requires sensitive and skilled legal guidance to ensure that the rights of the family and estate are fully represented. This is why hiring skilled wrongful death attorneys like Killian, Davis, Richter & Fredenburg, PC is so important.

HOW ARE DAMAGES DETERMINED IN A WRONGFUL DEATH CASE?

When a family member dies, they leave a lot behind. In the aftermath, family members must work through the emotional toll of a catastrophic loss and navigate sincere financial troubles.

Some aspects of wrongful death case can easily be given a dollar value. Medical bills, funeral expenses, and lost income are all items families can receive compensation for. However, not everyone realizes that emotional damages such as loss of love, companionship, care, and affection can also be given a monetary value.

A knowledgeable, experienced wrongful death attorney who knows the ins and outs of Colorado’s Wrongful Death Act can help you determine what types of financial compensation you are eligible for.

PARTNER WITH A Winning WRONGFUL DEATH ATTORNEY IN GRAND JUNCTION

Losing a loved one is an indescribably painful experience, especially when it results from negligence or wrongdoing. During such a difficult time, partnering with a knowledgeable Grand Junction wrongful death attorney at Killian Law can provide crucial support and guidance.

The wrongful death attorneys at Killian, Davis, Richter & Fredenburg, PC offer local expertise in ways attorneys from the Front Range cannot. Our firm is well-versed in Colorado’s Wrongful Death Act and other related laws. We also have established relationships with the community, a rich understanding of the local court system and legal procedures, and knowledge of the area, all of which can be advantageous in navigating cases effectively.

Our firm operates under the golden rule; we will handle your case with utmost care, compassion and dedication to ensure that you are compensated for every penny owed. Our wrongful death attorneys also provide personalized attention to their clients, ensuring that your loved one’s story is told with dignity and respect.

The initial consultation is free, and we do not collect attorney’s fees unless we win your case, meaning our wrongful death attorneys are fully invested in working for you. We have handled numerous wrongful death cases in the past, and we would be honored to take on your wrongful death lawsuit, too.

“I felt like I was more than just ‘a number.’ Everyone at Killian, Davis, Richter & Fredenburg truly cared about me and my family.” – Jamie G.