There is nothing more painful than losing a loved one. Losing a family member because of another person’s negligence or wrongful act can be particularly distressing. While we cannot change what has happened, our attorneys can help you recover compensation for pain and suffering and other losses.
Categories of Wrongful Death Claims
Wrongful death claims can fall under several different categories because many types of negligence can cause harm to another person. A few areas of law that relate to wrongful death claims are below.
If a pedestrian dies due to the negligence of a driver, their loved ones may be able to file a wrongful death claim. Common causes of these claims are the following:
- A drunk driver,
- A driver who fails to yield, or
- A speeding driver.
At Gerash Steiner Blanton, our compassionate lawyers can help file a wrongful death claim on your behalf. We understand how devastating this type of accident can be. Allow us to aid you in recovering the compensation you deserve.
A defective product can also give rise to a wrongful death claim. A products liability attorney at our firm can help analyze your potential claim. Common defective products that justify a wrongful death claim include:
- Medical devices, like a pacemaker;
- Children’s products, such as car seats; and
- Consumer products, like power tools.
There are many kinds of defects that might lead to this type of claim. Various parties may be responsible in the case of product liability as well. Thus, it is essential to have a talented team of attorneys who can sort through the nuances of your claim.
A fatal car accident might also involve a wrongful death claim. You would file this claim against the at-fault driver if your family member died in a car accident.
Some reasons for a fatal car collision may involve:
- Distracted driving,
- Driving under the influence, and
- Reckless driving.
In this type of claim, as with all wrongful death claims, you must prove all four elements of negligence. These four elements are duty, breach, causation, and damages. A top-notch attorney at Gerash Steiner Blanton can help you prove the elements of your claim.
Workplace Accidents and Illnesses
Workplace wrongful death claims arise in various industries, and they often center around an employer’s failure to create a safe work environment or because of an accident. Some examples of workplace accidents and illnesses that might warrant a claim include:
- Heavy equipment accidents,
- Explosions or fires, and
- Exposure to toxic substances.
Get in touch with our accomplished team today for assistance filing your claim. A Lakewood wrongful death lawyer can assist you in taking legal action against your employer. We can aid you in proving negligence and recovering compensation.
Medical malpractice is another potential cause of wrongful death. For this type of claim, you will need to prove that negligence by the medical professional caused the patient’s death. Remember that this is a civil case, not a criminal one. Some illustrations of wrongful death claims relating to medical malpractice consist of the following:
- Surgical errors,
- Misdiagnoses, and
- Medication errors.
If you believe you may have a Lakewood wrongful death case, reach out to our seasoned attorneys. We can investigate the details of your circumstances in more detail. One of our attorneys, Eric Steiner, M.D., has 20 years of experience in law and also 17 years of experience as a cardiac anesthesiologist. Do not hesitate to contact us if you have any questions.
What Damages Can I Recover?
There are two kinds of damages in a wrongful death claim: economic and non-economic. Economic damages refer to objective, quantifiable losses of the plaintiff. Non-economic damages refer to intangible losses that the deceased’s family members have experienced.
Economic damages are more straightforward to calculate than non-economic ones. This is because plaintiffs receive economic damages for evident monetary losses. Economic damages consist of the following:
- Funeral expenses,
- Medical bills, and
- Loss of decedent’s earnings.
Reach out to our talented attorneys for further guidance on filing your claim. At Gerash Steiner Blanton, we are AV® rated by Martindale Hubbell®’s Peer Review Rating™ process. Our accomplished team has the knowledge you need to help you recover compensation for your injuries.
This is a more subjective category of damages. They are more tricky to calculate than economic losses. Some examples of non-economic losses involve pain and suffering, loss of companionship, and emotional stress.
Note that there is a cap on non-economic damages for plaintiffs in Colorado. The current cap for all claims that accrue on and after January 1, 2022, and before January 1, 2024, is $642,180. If you have any concerns, contact our attorneys at Gerash Steiner Blanton.
What Is the Statute of Limitations for a Wrongful Death Claim?
Under Colorado law, the statute of limitations for a wrongful death claim is two years. The statute of limitations is the deadline to file your claim. It is crucial to file as early as possible because bringing your claim after the deadline is challenging. The date of death starts the clock on this two-year time limit for family members. There are some exceptions to this time limit for filing your claim. If your loved one died due to a hit-and-run vehicular homicide, you must file within four years of their death.
How We Can Help You
If you are looking for a Lakewood wrongful death attorney, contact us at Gerash Steiner Blanton today. Our attorney Michael Blanton has helped his clients to recover over $40 million over 20 years. Additionally, Michael has successfully represented clients in federal and state courts.
For decades, we have provided high-caliber representation to injury victims and their loved ones. If your loved one has died due to the wrongful act or negligence of another, we are just one phone call away. Give us a call for more information.