A: Depending on the strength of the evidence, wrongful death cases in Englewood can be settled outside of court. Coming to a settlement before trial gives you a stronger chance of winning the case. Winning requires proving that negligence or misconduct directly caused the death, so having strong evidence and witness testimony improves the likelihood of success.
Englewood Wrongful Death Lawyer
Englewood Wrongful Death Attorney
Losing a loved one is never easy, but when you lose a loved one unexpectedly because of someone else’s negligence, the pain can be especially profound. An Englewood wrongful death lawyer from Fair Squared Injury Law can help grieving families find justice and financial relief during this difficult time. A wrongful death claim can hold the responsible party accountable and provide vital financial support to the surviving family members.
What Is a Traumatic Brain Injury?
Traumatic brain injury (TBI) develops when an outside force strikes the head and disrupts regular brain activity. TBIs result from external trauma while acquired brain injuries develop from internal medical conditions such as strokes or tumors. According to CDC data, Colorado had 3,776 TBI-related deaths from 2016-2018.
TBIs frequently result from events such as motor vehicle accidents, falls from heights, injuries sustained during sports activities and violent physical attacks. TBIs range from mild concussions to severe injuries, which can create prolonged unconsciousness or memory loss. In 2020, there were an estimated 214,110 TBI-related hospitalizations and 69,473 deaths in 2021 that were related to TBIs.
In Englewood, Colorado, the Traumatic Brain Injury Model Systems National Data and Statistical Center (TBINDSC) is a local location (at the Craig Hospital) for professionals in the Traumatic Brain Injury Model Systems (TBIMS) program to increase rehabilitation and advance scientific progression related to TBIs.
What Is a Wrongful Death Case in Englewood?
A wrongful death case involves the death of an individual as a result of another party’s recklessness, negligence, or intentional misconduct. In Colorado, family members of the deceased can file a civil claim against the accused, seeking compensation for the loss.
These claims are not the same as criminal prosecutions. Instead, they’re designed to aid the surviving family members. Some wrongful death claims do involve criminal charges, however. These might include instances of DUI or fatal assaults.
Common Causes of Wrongful Death in Colorado
The experienced attorneys at Fair Squared Injury Law represent a wide range of wrongful death cases in Arapahoe County and the surrounding areas. Some of the most common causes of wrongful death include:
- Motor vehicle accidents. Automobile accidents are some of the leading causes of wrongful death in Colorado. In fact, Arapahoe County reported 87 accidental traffic deaths in 2023 alone. Whether it’s a car, truck, motorcycle, or pedestrian accident that resulted in the loss of your loved one, you may have the grounds for a wrongful death claim.
- Medical malpractice. When healthcare providers fail to meet expected standards of care, the consequences can be fatal. Surgical errors, medication mistakes, misdiagnoses, or delayed treatment can all lead to wrongful death.
- Workplace accidents. The State of Colorado reported 89 work-related deaths in 2022. While workers’ compensation provides limited benefits after a fatal workplace injury, there are situations where a wrongful death claim may apply. This is especially true if a third party is responsible for the fatal accident.
- Defective products. Manufacturers, retailers, and distributors can be held liable for dangers or defective products that cause another’s death. This may include unsafe vehicles, malfunctioning medical devices, or defective machinery.
- Nursing home negligence or abuse. Elderly residents of nursing homes and healthcare centers can be particularly vulnerable to abuse and neglect, especially in places with inadequate staffing or resources. Colorado’s Adult Protective Services branch receives over 25,000 reports yearly for suspected mistreatment or self-neglect. If a loved one died due to poor supervision, malnutrition, or physical abuse, the facility should be held responsible.
- Premises liability accident. Property owners have a responsibility to maintain safe conditions for lawful visitors. Fatal slip-and-falls, falling objects, and drowning accidents on poorly maintained premises may give cause for a wrongful death case.
What Damages Can Be Recovered?
Wrongful death compensation in Colorado is intended to ease the financial burden on surviving family members. There are certain recoverable damages that fall under wrongful death claims. These include:
- Economic damages. This may cover funeral and burial expenses, loss of benefits, and the medical expenses incurred during your loved one’s treatment. This also includes the loss of the deceased’s income and financial support that the family received during their lifetime.
- Non-economic damages. The emotional toll of a wrongful death can be catastrophic. You may recover financial compensation for pain and suffering, the loss of companionship, and the overwhelming grief and emotional distress.
- Punitive damages. In cases of intentional harm or egregious misconduct, the court may award punitive damages to punish the wrongdoer and deter similar behavior in the future.
Filing a Wrongful Death Claim in Colorado
Our team at Fair Squared Injury Law can help you better understand what to expect during your wrongful death claim. The process generally follows these steps:
- Investigation. Our team thoroughly investigates the circumstances surrounding your loved one’s death. We help you gather medical records, witness statements, accident reports, and expert opinions to build a strong case.
- Filing the claim. We then prepare and file the claim, along with all necessary legal documentation, with the Arapahoe County District Court in Centennial, Colorado.
- Negotiation. We negotiate directly with insurance companies and other parties involved to obtain a fair settlement that reflects your losses.
- Trial. If a settlement cannot be reached outside of court, we are prepared to present your case to a judge and jury.
FAQs
Contact an Englewood Wrongful Death Lawyer Today
If you’ve lost a loved one due to someone’s negligence, contact the Englewood wrongful death lawyers at Fair Squared Injury Law to schedule a consultation. We can help you understand your rights and pursue the justice and compensation your family deserves.
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