Aspen Wrongful Death Claims Lawyer

Aspen Wrongful Death Claims Lawyer

When a person dies as a result of someone else’s negligence or wrongful conduct, the surviving family members may have a wrongful death action against the person or party who caused the death. This when they need to hire a Aspen Wrongful death claims lawyer that often arise out of car accidents, truck accidents, medical malpractice, train and bus accidents, and other incidents involving negligence.

After your free case consultation on your wrongful death claim relating to personal injury, we will diligently fight for your behalf. We’ll navigate the Aspen wrongful death claim legal system and let you know when there are things you can do to strengthen your case as your attorney. Our firm will provide you your own Aspen Wrongful death claim lawyer and personal injury attorney and will take as much of the strain and process, so you don’t have to worry anymore.

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Unintentional injury is a leading cause of death in the United States by the National Vital Statistics System. This report describes trends in the death rates for unintentional injuries and three leading causes of deaths due to unintentional injuries from 1999 through 2017:

  • From 1999 through 2017, the age-adjusted unintentional injury death rate increased 40% from 35.3 deaths per 100,000 standard population to 49.4
  • Motor vehicle traffic death rates increased across all levels of urbanization between 2014 and 2017, with the largest increase in small metropolitan (metro) counties
  • Unintentional drug overdose death rates increased across all levels of urbanization between 2014 and 2017, with the largest increase in large fringe metro counties
  • Unintentional fall death rates increased across urbanization levels except for large central metro counties between 2014 and 2017, with the largest increase in rural counties

We meet with you or your loved ones as soon as possible after your wrongful death claim in Aspen. Our team will gather the evidence needed to build your case. The initial process usually involves your opening your insurance claims, evaluating and updating the damages you incurred, and fully exploring possible sources of compensation for negligence. We can also assist you in finding medical or financial assistance and finding the best providers to fit your individual needs. If you are injured in a wrongful death lawsuit speak with our wrongful death claim attorneys in Aspen for a free consultation.

A major wrongful death claims in Aspen can cost you a fortune in medical fees, lost wages, and property damage. It could also cause pain and suffering, as well as possible impairment. We’ll coordinate with your insurance company to help get you compensation for these economic, non-economic and punitive damages.

If the at-fault party’s or your own insurance company refuses to provide you with a proper settlement, we won’t hesitate to help you file a lawsuit against them. Our attorneys in Aspen provide aggressive legal representation to help make sure you get the financial and medical reparation you deserve.

The final decision to settle in a wrongful death claim case is entirely the client’s decision. We understand that this can be a daunting decision. Our lawyers at Larson Larimer Schneider will discuss with you the fairness of the insurance company’s settlement offer and the potential risks and advantages of moving forward with a lawsuit. We will be available to answer any questions you may have.

CASE INQUIRY FORM

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Who can file a Wrongful Death Claim in Aspen Colorado?

When a family member dies as the result of the negligence of another person, the surviving family members may have a Wrongful Death action in Aspen, against the person or parties who caused the death.

  • In Colorado, within the first year of death, the surviving spouse as the individual having the right to bring a claim per the Colorado the Wrongful Death Act
  • In Colorado, within the second year of death, under certain circumstances, the surviving spouse, children, beneficiary, and/or heirs of the deceased may bring a claim. If no such person exists, the surviving parent(s) of the deceased may file a claim within two years of the date of death per the Colorado the Wrongful Death Act
  • Any claim, however, must be brought within two years of the death or the family will lose any right to make a wrongful death claim per the Colorado the Wrongful Death Act
What are the commons causes of Wrongful Death Claims in Aspen Colorado?

The death in Colorado could be caused by an automobile accident, train accident, trucking accident, bus accident, defective or unsafe products, inappropriate medical care or treatment, or careless and reckless conduct. Designated individuals may file a wrongful death claim in Aspen under specific circumstances. Essentially, if someone acted wrongfully and it resulted in an individual’s death, the deceased’s eligible surviving family members or beneficiaries may bring a claim.

  • Car Accidents
  • Criminal Acts
  • Truck Accidents
  • Dangerous Drugs
  • Bicycle Accidents
  • Defective Products
  • Medical Negligence
  • Nursing Home Abuse
  • Medical Malpractice
  • Workplace Accidents
  • Pedestrian Accidents
  • Motorcycle Accidents
  • Slip and Fall Accidents
How do determine if you have a Wrongful Death Claims in Aspen Colorado?

In the event that someone dies as a result of a criminal act, a wrongful death action in Aspen is entirely separate from any criminal proceedings brought by the state against the person/party who caused the death. The outcome of a wrongful death criminal case does not necessarily have any bearing on the outcome of a wrongful death civil lawsuit. Reach out to our firm from our experienced wrongful death attorney to determine:

  • Eligibility of Wrongful Death Claim. Our lawyers must determine if the individual wishing to file a suit is eligible to file it. As mentioned, in the first year, only a surviving spouse may file. Subsequent years allow other family members to file suit. Determining eligibility with a lawyer ensures that ineligible individuals do not waste the time and resources of the court system pursuing useless cases
  • Negligence or Deliberate Wrongful Act. Then, our lawyers must determine whether negligence or a deliberate wrongful act took place in the case. In order to file a wrongful death suit, a lawyer must determine that the defendant meant to cause harm or acted recklessly, causing the injury and eventual death
What's the difference between Wrongful Death Claims and Survival Actions Claims in Aspen Colorado?

In Colorado, there is a distinction between wrongful death actions and survival actions. Whereas, both a wrongful death lawsuit and a survival action can be filed concurrently in the state of Colorado.

  • Wrongful Death Claim. A claim is one that allows surviving family members to seek compensation for their losses they have endured as a result of the death
  • Survival Action Claim. A survival action is brought on to seeks damages for any pain and suffering the deceased endured prior to death. Simply put, a survival actions works much in the same way as a personal injury claim would have worked if the deceased had survived. Here are the damages in a survival action may includes medical costs associated with the deceased’s final treatment related to the injury that caused his or her death. Lost wages or income sustained by the deceased. Expenses associated with personal property damage and repairs
What damages can I recover from a Wrongful Death Claims in Aspen Colorado?

As experienced trial personal injury lawyers, our approach is different. We approach cases differently than what you may find at other law firms in Aspen. We strategize in case development so when the wrongful death claim lawsuit is filed in the docket, it is presented professionally, with sound evidence. If the case cannot be settled outside of court (in most cases it will be), we move forward with a lawsuit to seek justice on your behalf. our case will be thoroughly evaluated to determine the financial value of the specific damages including:

  • Economic Damages. For these types of damages they are losses include medical expenses, now and future, lost earning capacity, lost income from work, and all other costs associated with the bodily injuries. Economic damages may also include the cost to repair any property damaged in the collision
  • Non-Economic Damages. For these types of damages they are the personal losses associated with the accident. Often times claims include pain and suffering, emotional distress, emotional anguish of living with impairments, and loss of quality of life
  • Punitive Damages. These damages are intended to punish the person responsible for the accident for malice. Punitive damages are only paid when it can be established that the injury accident involved an act of malice, or willful and wanton conduct (a reckless disregard for the safety of others) or unfairly determined
What are the damages limit on Wrongful Death Claims in Colorado?

The State of Colorado has set caps on awards in wrongful death cases, which limit the amount of compensation that you can receive for damages—the losses you experienced as a result of the defendant’s negligence. In claims after January 1, 2022, the monetary cap for non-economic damages (including physical impairment or disfigurement) is currently $613,760, and the overall limit for all damages is $1,227,530.

There is one exception in Colorado law allows only one to the overall damages cap: If the wrongful death claim is based on a “felonious killing” (defined as first-degree or second-degree murder or manslaughter), the cap on noneconomic damages does not apply. There is no limit on the amount of economic damages a court can award in a Colorado wrongful death case.