Wrongful Death Lawyers in Grand Junction

What Is Considered a Wrongful Death Under Colorado Law?

Under Colorado law, wrongful death occurs when someone dies because of another party’s negligence, intentional misconduct, or recklessness. If your loved one could have filed a personal injury claim had they healed from their injuries, it’s possible for you to begin a wrongful death claim. 

For example, if your loved one was in a car accident involving an intoxicated driver and sustained head trauma, they would have been able to file against that person for breaking the law and causing them harm. However, if that head trauma leads to their death, the family can then file on their behalf. 

Who Is Eligible To File a Wrongful Death Claim in Grand Junction?

In Colorado, the surviving spouse, children, or a designated beneficiary can file a wrongful death claim. Under certain circumstances, siblings and the heirs of those siblings can also file the claim. In instances when the decedent left a will, it’s also possible for the estate’s personal representative or the will’s executor to file. 

In the first year after the death, only the spouse can bring the claim forward. In the second year, the spouse or the decedent’s children may file. If these people are not available, the parents or siblings may bring the claim in the second year after the person’s death. 

What Are the Time Limits for Filing a Wrongful Death Claim in Colorado?

In Colorado, you only have two years to file a wrongful death claim. If the appropriate parties do not file within this time period, the majority of cases will be dismissed, and you won’t be able to recover any losses. 

What Types of Compensation Are Available in Wrongful Death Cases in Mesa County?

A wrongful death attorney in Grand Junction can help you recover both economic and non-economic damages in a claim. Economic damages address the medical bills your loved one had while getting care for their injuries, as well as the funeral costs.

You may also receive damages for the wages and benefits your loved one would have earned throughout their lifetime. Additionally, economic damages can cover any expenses you have had addressing services the decedent offered, like childcare.

Non-economic damages focus on compensating loved ones for the grief they have experienced, as well as the pain and suffering the deceased went through. You can also receive compensation for the loss of support and companionship you have suffered. 

What Immediate Steps Should Be Taken After a Loved One’s Wrongful Death in Grand Junction?

After the wrongful death of a loved one, the first thing you should do is let family members know. Immediately afterward, consult with a wrongful death lawyer in Grand Junction. Remember that you only have two years to file a claim. While that may seem like a significant amount of time, it can pass quickly. 

You should also start gathering and preserving evidence immediately. Put together a file where you have everything related to the incident that led to your loved one’s death. 

Important evidence includes:

• Photos and videos from the site of the incident
• Medical records
• Receipts
• Wage information 
• Witness statements
• Doctors’ notes
• Police report

Let banks, insurers, and Social Security know of your loved one’s death as well, and make sure you get a few copies of the death certificate. 

Avoid talking to insurance companies without a lawyer. They may try to offer a low settlement, and you could be under such pressure that you may accept it when you could have been eligible to receive more support. 

How Can a Wrongful Death Attorney Help Families Navigate the Legal Process in Grand Junction?

Grand Junction wrongful death lawyers can guide you through the entire process of filing a claim. They assist you in understanding your rights and in knowing whether you can begin a claim or not. 

Attorneys are invaluable during the process of investigating how the death occurred. They will have the necessary contacts in the area to provide expert witness testimonies, while also having a clear understanding of the types of evidence that can make the most difference in your claim. 

In instances of negligence, you will need your lawyer to help you establish that the defendant owed your loved one a responsibility. This is not a simple thing to do because you must prove that they breached that duty of care and caused the death. 

An attorney can also effectively calculate the damages you may be entitled to receive. They will be able to address all of your losses. 

Additionally, they will be able to aggressively negotiate with the insurers and know when it may be time to take the case to court. You should never pursue a lawsuit without having attorneys by your side. 

Why Should Families in Grand Junction Choose Bachus & Schanker for Wrongful Death Cases?

At Bachus & Schanker, we understand the devastation of losing a loved one because of another party’s misconduct. One of our lawyers has had personal experience with managing the aftermath of a loved one’s death as a result of negligence, which ensures that clients always receive the compassionate assistance they deserve. 

We are advocates ready to fight for you. Our decades of experience and fierce dedication have helped us successfully resolve even the most complex of wrongful death cases in Grand Junction. 

We understand what you’re going through and can help. You don’t have to go through this alone. 

Speak With an Attorney About Your Claim

If a loved one died because of another party’s misconduct, you may be entitled to fight for compensation. This is a difficult process, and you’ll be dealing with grief, so having experienced representation can make a difference. 

At Bachus & Schanker, we provide the ongoing assistance you deserve. lp you navigate the path forward.

Legal Support Across Colorado and Nationwide

Serving Clients Nationwide