Best Wrongful Death Lawyers in Lakewood

About Wrongful Death Law in Lakewood, United States

In Lakewood, and broadly in the United States, wrongful death law is designed to provide financial compensation to the survivors of a person who has died due to the negligence or intentional actions of another party. This area of law acknowledges the impact that the loss of a loved one can have, both emotionally and financially, on their family members or dependents. Typically, wrongful death claims in Lakewood may involve situations such as medical malpractice, car accidents, or workplace accidents where negligence is a factor.

Why You May Need a Lawyer

Engaging a lawyer experienced in wrongful death cases is crucial because navigating such claims can be complex. Legal assistance is particularly important in situations like:

• The death occurred due to medical negligence, requiring in-depth understanding of medical standards and records.
• An insurance company is involved, as settlements require negotiation and often involve intricate insurance policies.
• There are disputes concerning who is eligible to file the claim, as this can include differing laws or beneficiary rights.
• The need to quantify non-economic damages such as pain and suffering or loss of companionship.

Local Laws Overview

Wrongful death laws in Lakewood are guided by the statutes of the state of Colorado. Key aspects include:

• Who Can File: Generally, the surviving spouse or children of the deceased may file a wrongful death claim. In some cases, parents or the estate representative can also file.
• Statute of Limitations: Wrongful death claims must be filed within two years from the date of death. Failing to adhere to this timeline usually nullifies the right to file.
• Damages: Families can seek compensation for economic damages like loss of income, as well as non-economic damages like emotional distress.

Frequently Asked Questions

What constitutes a wrongful death?

Wrongful death occurs when a person dies due to another's negligence, reckless behavior, or intentional harm.

How is a wrongful death claim different from a criminal case?

A wrongful death claim is a civil action, typically seeking financial compensation, while a criminal case involves prosecution by the state and can result in penalties like imprisonment.

What is the time limit for filing a wrongful death lawsuit in Lakewood?

The statute of limitations in Colorado, including Lakewood, is generally two years from the date of the deceased person's death.

Can siblings file a wrongful death lawsuit?

Typically, siblings are not eligible to file unless they are also representatives of the deceased’s estate or no closer family relationship exists to do so.

How are damages calculated in wrongful death claims?

Damages are calculated based on economic losses such as lost wages and medical bills, as well as non-economic factors like loss of companionship.

Do wrongful death settlements get taxed?

Generally, compensation from wrongful death settlements is not taxable; however, consulting a tax professional is advisable to understand specific scenarios.

What happens if the responsible party cannot afford to pay damages?

If the responsible party has insufficient funds or insurance, the compensation may be limited, but skilled lawyers explore all possible sources of recovery.

Can more than one party be liable in a wrongful death case?

Yes, multiple parties can be held liable based on their involvement or contribution to the death incident.

How long does it take to resolve a wrongful death lawsuit?

The duration varies, depending on case complexity, but it often takes several months to a few years to reach resolution.

Is it still possible to file a wrongful death claim if the deceased had pre-existing health issues?

Yes, but it may require proving that negligence was the primary contributing factor to death beyond pre-existing conditions.

Additional Resources

For further assistance, you can contact the Colorado Bar Association or the local court for information on wrongful death claims. Additionally, organizations such as the National Association of Legal Assistants (NALA) and legal aid societies can provide support and resources.

Next Steps

If you need legal assistance with a wrongful death claim, consider the following steps:

1. Gather all relevant documents and evidence related to the incident, including any medical records, police reports, and witness statements.
2. Contact a specialized wrongful death attorney in Lakewood who has the expertise to evaluate your case.
3. Prepare questions and concerns to discuss during your initial consultation with the attorney to ensure all aspects are covered.
4. Consider the potential emotional and financial implications, and seek support from professional networks or support groups if needed.