Losing a loved one is one of the most challenging and heart-wrenching experiences a person can go through. When that loss is caused by the negligence or wrongful actions of another, the pain can feel even more unbearable. If you find yourself in this situation, it is natural to feel overwhelmed, confused, and unsure of where to turn. At this difficult time, having a compassionate attorney by your side can help guide you through the legal process and secure the compensation your family deserves. We understand the emotions you’re experiencing, and we are here to help you navigate the complexities of a wrongful death case in Colorado.
With You Every Step of the Journey
When you need legal help, Mark Hanchey and Ben Peterson are here to guide you through it all. One step at a time. Reach out today for legal support. Get The Law Firm of Mark S. Hanchey and Ben Peterson fighting for you
Free Consultation Download PDFUnderstanding Wrongful Death Claims in Colorado
A wrongful death claim in Colorado is a civil lawsuit that allows surviving family members to seek compensation after a loved one has died due to another person’s wrongful or negligent actions. This could be the result of a car accident, medical malpractice, workplace accident, or any other situation where someone else’s carelessness led to your loved one’s death. Under Colorado law, the surviving family members have the legal right to pursue compensation for their losses.
It is important to understand that wrongful death claims are separate from criminal charges. In a criminal case, the state prosecutes the responsible party, while in a wrongful death case, the family seeks financial compensation for the loss of their loved one. The compensation available in a wrongful death case can help alleviate some of the financial burdens that arise from this tragedy, such as funeral expenses, lost wages, and emotional distress.
Who Can File a Wrongful Death Claim in Colorado?
In Colorado, only specific family members are eligible to file a wrongful death claim. Generally, the surviving spouse, children, or parents of the deceased can pursue a wrongful death lawsuit. If the deceased person did not have a spouse, children, or parents, the claim may be filed by other close family members or the estate of the deceased. The law is designed to allow those who were most impacted by the loss to seek justice and compensation for their grief and financial struggles.
When you lose someone close to you, the emotional toll is heavy. That burden becomes even more difficult to bear if the death was caused by the negligence of another. Our role is to help ease that burden by ensuring your family receives the compensation it is entitled to under Colorado law.
Types of Compensation Available in Colorado Wrongful Death Cases
The compensation available in a wrongful death case is meant to address both the economic and emotional impact of your loss. The amount of compensation varies depending on the circumstances of the case and the extent of the damages. Some of the key areas of compensation that may be available in a Colorado wrongful death claim include:
Economic Damages
Economic damages are designed to compensate for the financial losses your family has suffered due to the death. These damages can include funeral and burial expenses, the deceased person’s lost income, and the loss of financial support that the deceased would have provided had they lived. In many cases, surviving family members may also seek compensation for the loss of household services, such as childcare, home maintenance, and other contributions the deceased made to the family.
These damages can be calculated based on a variety of factors, including the deceased person’s income, life expectancy, and the value of the services they provided. While no amount of money can replace your loved one, financial compensation can help ease the strain caused by the loss of income and support.
Non-Economic Damages
In addition to economic damages, surviving family members may be entitled to non-economic damages. These damages are intended to compensate for the emotional toll of losing a loved one. They can include compensation for pain and suffering, loss of companionship, and the emotional distress caused by the sudden and tragic loss. Non-economic damages are more difficult to quantify, but they are an important part of any wrongful death case.
In wrongful death claims, the court recognizes that the loss of a loved one is not just a financial loss, but a deeply emotional one as well. The impact on your family’s relationships and quality of life is something that should not be overlooked.
Punitive Damages
In some cases, punitive damages may also be awarded in a wrongful death claim. Punitive damages are not intended to compensate the surviving family members but to punish the wrongdoer for particularly reckless or intentional actions. These damages are meant to deter others from engaging in similar conduct in the future. However, punitive damages are only available in cases where the defendant’s actions were grossly negligent or intentional.
Punitive damages are not always awarded, and their amount varies depending on the circumstances of the case. However, they can significantly increase the total compensation available in a wrongful death lawsuit.
Bridgette Carabajal
I've had the pleasure of working with Mr. Hanchey on two occasions, and each interaction has been nothing short of exceptional. His professional demeanor, coupled with the outstanding support from his staff significantly alleviated any anxieties I had. I am thoroughly satisfied with the outcomes achieved. Should the need for legal representation arise in the future, Mr. Hanchey will undoubtedly be my first choice.
Lucas Garcia
Mark Hanchey has been excellent. I spoke with him last minute before my court date. He still showed up to court with me and was very caring and helped me before I had even officially hired him. I felt like he cared about me and my case. He knows his craft very well and you can tell that the judge and other attorneys respect him when he is in court. He is also very kind. I recommend him to anyone. An excellent attorney.
Renee Braucht
I had an amazing experience with the Hanchey Law Firm! Mr. Hanchey got me the absolute best result I could have imagined for my case. I can’t even tell you how many times I’ve heard, “wow, you must have had a really good lawyer!” when discussing the result. I live far from Colorado Springs, but I will forever make the trip for this firm when I need them! Highly recommend!
David Walker
I have needed to use a lawyer a couple of times over the past several years and have used Mark Hanchey. He is a very down to earth person who has always treated me with dignity and has always been straight forward. His staff has also been professional and friendly. Each time I used Mark Hanchey the result was a positive one. I also think his fees are reasonable. I cant say enough good about Mark Hanchey.
The Importance of Timely Action in Wrongful Death Cases
Time is an essential factor when it comes to wrongful death claims in Colorado. Colorado’s statute of limitations for filing a wrongful death lawsuit is typically two years from the date of death. This means that if you wait too long to take legal action, you may lose your right to pursue compensation. The sooner you contact an attorney to discuss your case, the sooner they can begin gathering evidence, interviewing witnesses, and building a strong case on your behalf.
It’s also important to understand that wrongful death cases can be complex, and the process of seeking compensation can take time. Gathering evidence, speaking with experts, and negotiating with insurance companies can all take months, and in some cases, years. Having an experienced attorney handle your case ensures that all deadlines are met and that your family’s interests are fully represented.
How Our Firm Can Help You in Your Wrongful Death Case
At the Law Firm of Mark S. Hanchey and Ben Peterson, we understand the emotional and financial toll that a wrongful death can take on a family. We are here to offer you the legal support you need during this difficult time. Our team is dedicated to helping families like yours secure the compensation they deserve.
We take a compassionate and personalized approach to each case, ensuring that your family’s unique needs are met. Our goal is to relieve some of the burdens you are facing by handling the legal complexities of your case while you focus on healing and being with your loved ones. With our experience and dedication, we will work tirelessly to achieve the best possible outcome for your family.
If you are facing the loss of a loved one due to someone else’s negligence or wrongful actions, don’t wait to seek the justice your family deserves. Contact the Law Firm of Mark S. Hanchey and Ben Peterson today to discuss your case and take the first step toward securing the compensation your family is entitled to. Let us help you find the peace of mind and financial support you need during this challenging time.