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When a Family Member Dies in a Personal Injury Case

By: Whalen Hersh January 29, 2019 no comments

When a Family Member Dies in a Personal Injury Case

Colorado law defines wrongful death as ‘any death which is caused by the default, neglect, or wrongful act of a third party.’ In Colorado, you can bring a wrongful death suit against any person or entity based on fault or negligence that resulted in the death of someone. If the victim is a family member, you have certain rights relative to their wrongful death. An experienced wrongful death attorney can help you learn about and exercise those rights. When you lose a family member due to a wrongful death, the results can be catastrophic and permanent. Not only is their support and companionship lost, but if they were the sole or primary financial provider for the family, the loss of that financial support can be devastating.

At Whalen Hersh, we have represented many accident victims over the years, including those suffering from the wrongful death of their loved ones, and recovered over $25 million for our clients. If your loved one suffered a wrongful death, you may have a legal right to seek financial compensation for your losses. The team at Whalen Hersh is well versed in the pursuit of personal injury claims involving wrongful death, and we stand ready to handle a wrongful death lawsuit on your behalf. Our firm exclusively represents clients against insurance companies and corporations in personal injury matters, including wrongful death.

There may also be personal injuries which were incurred prior to the wrongful death, such as conscious pain and suffering, and medical expenses. An experienced personal injury attorney like those at Whalen Hersh will understand the intricacies involved in recovering damages for both personal injury and wrongful death.

To successfully bring a wrongful death cause of action, the plaintiff (the person bringing the suit) typically must show:

  1. The death of a human being
  2. That the death was caused by another person’s negligence, or with intent to cause harm
  3. Monetary injury suffered by surviving family members as a result of the death, and

When you suffer the loss of a loved one due to the negligence of another party, you should not be burdened with the distracting details and responsibilities of pursing a claim against the responsible party or parties involved in this tragic loss but rather free to mourn your family member while your attorneys and the police pursue the parties responsible. Insurance companies have teams of lawyers fighting for their best interests, and you deserve to have a team fighting for yours. Every state has a civil wrongful death statute, or set of statutes. These statutes set forth the correct procedures for bringing wrongful death actions. At Whalen Hersh, we are very familiar with Colorado’s laws and statutes surrounding wrongful death actions and have the resources to diligently represent your best interests.

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If you have lost a loved one due to an accident or injury that was caused by the misconduct or negligence of another individual, company, or entity and you’re searching for a compassionate, experienced wrongful death law firm with a proven track record of success, contact us today for a free, no-obligation consultation to discuss your legal options. If you are due financial compensation for the loss of a loved one due to their wrongful death, our attorneys are ready to provide you with the best legal representation available in pursuing your claim.