Wrongful Death Attorney in Boulder, CO
If your loved one’s life has been cut short because of the negligence or wrong-doing of another, you may be entitled to compensation. Money cannot replace a loved one, but it can help alleviate the often-devastating financial burden that occurs when a spouse or parent is killed in an accident. Malik Law is based in Boulder, CO. Our firm specializes in personal injury cases that involved wrongful death suits. We know that the losses that families endure can be catastrophic. If your loved one has lost their life because of another’s negligence or carelessness, we will do everything we can do to help you achieve your legal goals.
What Does Wrongful Death Mean in the State of Colorado?
Wrongful death refers to a civil lawsuit that falls under the category of personal injury law. These claims attempt to prove that a person or company is liable for the death of another. Claimants have to establish that the defendant was negligent or reckless and that their behaviors caused the death of the claimant’s loved one. Wrongful death suits are frequently associated with car accidents, defective products, or slip and fall injuries. In fact, most of these cases are associated with motor vehicle accidents. The defendant in a wrongful death suit may also face criminal charges for their negligence or wrong-doing.
Who Can File a Wrongful Death Claim?
In Colorado, the deceased individual’s surviving spouse is the only person who can file a wrongful death claim in the first year after their spouse’s death. During the second year, the surviving spouse and surviving children have the right to file a wrongful death claim. If the deceased individual has no spouse or children, their parents have the right to file a wrongful death claim in accordance with Colorado law.
When a family suddenly faces the loss of a loved one, seeking legal recourse may not be a priority. However, it’s essential that families remember that there is a time limit for making a wrongful death claim. In Colorado, wrongful death claims must be made within two years of the deceased’s death. By meeting with an experienced wrongful death attorney soon after the death of a loved one, we can provide you with the information you need to know should you decide to pursue your claim.
Wrongful Death Damages in Colorado
Each wrongful death case is different. Any awarded damages will be based on the particulars of the case. Claimants can seek both economic and non-economic damages. These can include:
- Medical Expenses
- Funeral Expenses
- Loss of Deceased’s Services
- Loss of Deceased’s Income
- Pain and Suffering
- Emotional Loss
- Loss of Companionship
Economic damages can be substantial. In many instances, the deceased individual received considerable medical care in an attempt to save their life. The loss of the individual’s income over the course of what the state deems a ‘normal’ lifetime may prove to be a substantial sum. To arrive at a realistic amount of compensation, we may elect to hire an actuary or accountant. We need to have a sum in mind before we sit down to negotiate a settlement.
Colorado places a cap on the non-economic damages as they relate to emotional distress or pain and suffering. However, some claimants may seek punitive damages in cases where the at-fault party is shown to have been wantonly and willfully reckless. Monetary damages are awarded by a jury or judge in cases where there isn’t a jury.
Many clients tell us at Malik Law that no amount of money will ever replace a lost loved one. What we explain to them is that compensation does not remotely replace their spouse, parent, or child; it’s only meant to help them cope with the financial burden of their loss—but they are entitled to this measure. We do our utmost to achieve the most lucrative compensation packages because the emotional loss is hard enough; we believe that victim’s families should not also have to bear the weight of the financial woes thrust upon them.
Our Attorneys Can Help
When you hire Malik Law to represent your interests, you can count on our legal expertise and experience. We will guide you through every step of the legal process. These cases are emotionally charged and can be fraught with stress; that’s why it’s so important to have an expert by your side. We’ll do everything we can to alleviate the stress of the legal proceedings. When you hire our firm, you can rely on us to:
- Carefully assess your claim
- Provide you with our expert legal advice
- Perform investigative tasks
- File all court documents and paperwork
- Manage all materials related to the case
- Procure professional services (i.e. actuary or accident reconstructionist)
- Regular updates about the case
- Prompt answers to questions
- Communicate with insurance company’s and at-fault party’s attorneys
- Negotiate / litigate aggressively on your behalf
Our attorneys have the skills sets needed to provide clients with the effective representation they need.
Negotiation vs Litigation
In many cases, our attorneys are able to negotiate a settlement. For example, insurance companies may view the overwhelming proof of their client’s wrong-doing and will try to settle the matter without litigation. They may make a settlement offer that is close to what we believe the client could achieve in court. If you, as the client, accepts the settlement, no further proceedings are necessary.
Sometimes litigation is the only way to resolve the matter. At-fault parties may deny their culpability. In order to win compensation, we must pursue it in the court room. Malik Law attorneys are skilled litigators. We are tenacious about representing our clients’ interests. We get to know every detail about these cases so that we can effectively litigate the matter before a judge or jury.
There’s no denying that these emotionally-charged cases are difficult for claimants and their families. We know that are clients continue to grieve as they attempt to go through the legal journey. But these cases can also be difficult and complex from a legal standpoint. That’s why it’s so important for claimants to choose an experienced attorney who specializes in personal injury law and wrongful death cases.
Malik Law features skilled wrongful death attorneys who have a track record for achieving successful outcomes in these types of cases. If your loved one has been killed in an accident, you may be entitled to seek damages. Call our firm to schedule your free initial consultation. We can go over your claim and answer any questions you may have about the legal process. If you choose to hire us, we will represent your interests with consummate skill and expertise.
What Our Clients Have To Say…
4450 Arapahoe Avenue, Suite 100,
Boulder, CO 80303
4610 South Ulster St. Suite 150,
Denver, CO 80237