Colorado Wrongful Death Lawsuit Attorneys
Wrongful Death Cases in Colorado
Wrongful death lawsuits can be brought on behalf of the immediate family members of victims, also known as "distributees." These plaintiffs can sue other individuals, entities, or corporations for remuneration. In Colorado, the Colorado state statutes govern these cases.
When a death can be a cause of action for a lawsuit:
- A person must actually die
- The death has to be indirectly or directly caused by someone else's negligence – or caused by someone's intent to hurt
- The distributees must suffer financially from the death as a result of the death
How damages are measured?
Colorado courts determine pecuniary injuries (money damage) based on a wide variety of factors, including: medical and death related expenses, loss of financial support, loss of potential inheritance, and loss of certain services that the victim had been providing for his or her family.
Pecuniary injuries
Pecuniary injuries pertain to lost income and lost support for children. A jury may also consider other factors, such as the age, life expectancy, general health, and condition of the victim as well as the financial circumstances of his or her immediate family. In addition, the jury will consider how much the decedent was likely to have earned over the rest of his or her life. Obviously, measuring potential earnings is more of an art than a science. Expert testimony may also be used to help determine the correct award to be handed out.
Punitive damages
In certain circumstances, a plaintiff may seek what are known as punitive damages on top of the pecuniary damages. These may be awarded in cases where the wrongful death resulted from someone's malicious actions or extreme negligence.
Jury's award may be adjusted
The court can adjust the jury's determination depending on any number of circumstances.
Survival actions
Distributees may also sue for what are known as survival actions, which are essentially personal injury claims made on the behalf of the decedent. These claims pertain to the suffering of the decedent, and they may be adjusted based on factors, such as whether the decedent was conscious following the injury or accident that ultimately led to his or her death.
To build a wrongful death lawsuit, you need experienced legal guidance. Turn to attorney Timothy Bussey, one of Colorado Springs, Colorado's preeminent injury lawyers, for a free and confidential discussion of your matter. Attorney Bussey is highly credentialed and well-respected by his legal peers and judges. More than that, he is a compassionate professional who cares about his clients' well-being. Contact us at 719-475-2555 or e-mail us online attorney Bussey through his website, www.timothybussey.com.
Colorado Springs personal injury lawyer Timothy Bussey at The Bussey Law Firm, P.C. in Colorado represents clients in Colorado Springs and throughout El Paso County, including the cities of Fountain, Manitou Springs, and Monument.
The Bussey Law Firm, P.C.
12 E. Boulder Street
Colorado Springs, CO 80903
Phone: (719) 475-2555
Fax: (719) 475-0046