Wrongful Death Attorney In Grand Junction
Representing Families In Their Time Of Need
The loss of a loved one is one of those experiences that seem impossible to overcome. If your loss is because of someone else’s negligence, it is even harder to accept. The shock, grief and anger over the loss of a loved one can sometimes prevent family members from taking action on behalf of the victim.
Securing the services of an experienced trial lawyer will not bring your loved one back, but it can help you obtain justice and closure. The information and legal advice you receive from the Law Office of Chadwick McGrady, P.C., can help you decide what your next step will be for the next phase of your life.
A proud member of the Western Slope community, attorney Chadwick McGrady serves clients throughout Mesa County. Call him at 970-644-5599 for a free consultation.
Serving As Your Legal Guide During An Emotional Time
Attorney Chadwick McGrady has helped numerous families in western Colorado find justice after losing a loved one. He understands what you are going through and is prepared to serve as a compassionate and respectful advocate every step of the way.
He frequently handles wrongful death claims involving:
If he takes on your case, attorney Chadwick McGrady can explain to you the process of filing a lawsuit to provide financial compensation for your loss when an insurance company denies your damages. You have nothing to lose by seeking the advice of an attorney, but you may potentially have a lot to gain – including the ability to move on with your life.
Two Aspects Of A Wrongful Death Claim In Colorado
Most people do not know that when someone passes away due to the negligence of another, there are two separate avenues to pursue to obtain recovery. Colorado’s Wrongful Death Act allows families or beneficiaries of the deceased to pursue wrongful death compensation for the emotional harm, grief, loss of companionship and other damages that the surviving family members or beneficiaries suffered due to the loss of their loved one. The second aspect of a fatal accident relates directly to the deceased. Often a person is hospitalized for an extended period of time before passing away. The survival statute preserves claims of the deceased and allows the estate to seek compensation for the pecuniary losses the decedent suffered from the time of the accident until he or she passed away.
An Overview Of Colorado’s Wrongful Death Laws
In Colorado, a “wrongful death” claim is a civil lawsuit that attempts to establish the liability of one person or party for the death of another, whether it be caused by negligence, neglect, carelessness or an intentional act. Wrongful death claims are similar to personal injury claims with the difference being that the injured party has died, requiring the claim to instead being brought by an eligible party on the deceased person’s behalf.
The following parties may file a wrongful death claim in Colorado:
- During the first year after death: The decedent’s surviving spouse or heirs with the spouse’s consent have the exclusive right to file a wrongful death claim. If there is no spouse, the decedent’s heirs, children or designated beneficiaries may file a wrongful death claim.
- During the second year after death: The surviving spouse as well as any surviving children or beneficiaries of the deceased may file a wrongful death claim.
- If there is no surviving spouse or children: Parents of the deceased may file a wrongful death claim within two years of the decedent’s death.
All wrongful death claims must be filed within two years of the decedent’s death to be admissible in court. This is known as a “statute of limitations.” If a case is not filed within this time period, it is generally considered lost and the plaintiffs will effectively be barred from pursuing compensation.
Recoverable Damages And Damage Caps
Plaintiffs in wrongful death claims may be eligible to recover compensation for a wide range of damages, including:
- Lost wages and other compensation of the deceased
- Lost benefits such as life insurance
- Lost love, companionship, care and protection of the deceased
- Pain and suffering
- Final medical expenses of the deceased
- Burial and funeral costs
Economic damages such as lost income and other measurable expenses are not subject to any cap in Colorado wrongful death claims, while noneconomic damages such as pain and suffering are typically capped at either $250,000 or $500,000. If the death was the result of a felonious killing such as murder or manslaughter, no damage caps may be imposed. Punitive damages may also be awarded in limited circumstances in which the deceased person’s death was caused by extreme negligence or recklessness of the defendant.
Personal Injury Claims And Insurance Costs
Keep in mind that you will not experience any insurance rate hikes just for filing a personal injury claim. Colorado law prohibits insurance companies from increasing insurance costs when a customer is not at fault. You pay for insurance – use it when you need it.