Longmont Wrongful Death Attorney
Compassionate Wrongful Death Attorney in Longmont & Boulder, Colorado.
Understanding Wrongful Death Claims in Colorado?
“I handle each and every case personally, from beginning to end.”— Attorney Edward Smith
A wrongful death claim is a type of civil lawsuit filed by the surviving family members of a person who died as a direct result of someone else’s negligence or misconduct. The purpose of this legal action is to hold the at-fault party accountable and to secure financial compensation for the losses the family has suffered due to their loved one’s passing. Under the Colorado Wrongful Death Act (C.R.S. § 13-21-202), a claim can be brought if the deceased person would have been entitled to file a personal injury lawsuit had they survived the incident. Essentially, the family steps into the shoes of their loved one to seek justice on their behalf. This action is separate from any criminal charges that may be filed by the state.
Why Families in Longmont and Boulder Trust Attorney Edward Smith
When you are facing the most difficult time of your life, the legal representative you choose makes a significant difference. Attorney Edward Smith provides the personal attention of a small firm while delivering the results often associated with a large one. He is committed to providing direct, one-on-one support to every family he represents, ensuring you are never passed off to a case manager or junior associate. Your case will have his full attention from the initial consultation to its resolution. Here are a few reasons why families choose Attorney Edward Smith:
- Direct, Personal Attention: Attorney Smith handles every case personally from beginning to end. When you call with a question, you will speak directly with him. He believes that building a strong, personal relationship is key to understanding your family’s story and fighting effectively for your future.
- Former Insurance Attorney: Having worked for the insurance companies, he knows their playbook. He understands how they evaluate claims, the arguments they use to deny responsibility, and the strategies they employ to pay as little as possible. This unique perspective allows him to build a proactive and powerful case on your behalf.
- Over 30 Years of Experience: Legal experience is crucial when so much is at stake. With more than three decades dedicated to personal injury and insurance law, Edward Smith has the knowledge and skill to handle complex wrongful death cases.
- No Fee Unless You Win: You pay absolutely nothing unless he recovers financial compensation for your family. This is called a contingency fee agreement. It means you can access high-quality legal representation without any upfront costs or financial risk.
Your Guide to Wrongful Death In Longmont
Who is Eligible to File a Wrongful Death Lawsuit in Colorado?
Colorado law has specific rules about who can file a wrongful death claim and when they can do so. The process is divided into two distinct periods, which can be confusing without guidance from an experienced attorney.
- The First Year: For the first year following the death, the right to file a lawsuit belongs exclusively to the surviving spouse. If there is no surviving spouse, the deceased person’s children have the right to file. If there is no spouse and there are no children, the deceased person’s parents may file.
- The Second Year: In the second year, the right to file expands. During this period, the surviving spouse, the children, and/or a designated beneficiary can file a claim. A “designated beneficiary” is someone the deceased person formally named in writing to receive benefits in the event of their death.
Understanding these timelines and eligibility requirements is critical. A Longmont wrongful death lawyer like Edward Smith can clarify who has the right to file and ensure all procedural rules are followed correctly.
Common Incidents Leading to Wrongful Death Claims
A wrongful death can arise from nearly any situation where one party’s carelessness or intentional act causes a fatal injury. While every case is unique, some incidents more commonly lead to these claims. Attorney Edward Smith has the experience to investigate the circumstances of your loved one’s death, no matter how it occurred. Some of the most frequent causes include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Drunk driving accidents
- Slip and fall accidents
These are just a few examples. If you believe your family member’s death was preventable and caused by another’s actions, it is important to discuss the details with a knowledgeable attorney.
Seeking Justice and Financial Stability for Your Family
The goal of a wrongful death claim is to recover damages—the legal term for financial compensation for losses. This compensation is intended to help the family manage the financial burdens that arise after a loved one’s death and to acknowledge the profound personal loss they have experienced.
What Damages Can Be Recovered in a Wrongful Death Lawsuit?
In Colorado, surviving family members can seek compensation for both the economic and non-economic harm they have suffered. Attorney Edward Smith works diligently to identify and calculate the full extent of your family’s losses to build a comprehensive claim for damages. Economic damages refer to the measurable financial losses, such as:
- The income, wages, and benefits the deceased would have earned and provided for the family over their lifetime.
- The value of services, support, and care the loved one provided.
- Funeral and burial expenses.
- Medical bills incurred by the deceased before their death as a result of the final injury.
Non-economic damages are meant to compensate for the immense personal and emotional losses, including:
- Grief, sorrow, and mental anguish.
- Loss of companionship, comfort, and guidance.
- Loss of the marital relationship (known as loss of consortium).
Colorado law places certain limits, or “caps,” on non-economic damages in wrongful death cases, as outlined in C.R.S. § 13-21-203. Attorney Edward Smith can explain how these caps may apply to your specific situation.
Wrongful Death vs. Survival Actions: What’s the Difference?
In some cases, another type of claim, called a survival action, may be filed alongside a wrongful death lawsuit. While they are related, they compensate for different types of losses.
- A wrongful death claim compensates the surviving family members for the losses they have personally suffered due to their loved one’s death (e.g., lost financial support, grief, and loss of companionship). For more details, read about survival actions vs. wrongful death claims under Colorado law.
- A survival action, authorized by C.R.S. § 13-20-101, compensates the deceased person’s estate for the losses the deceased themselves experienced between the time of their injury and their death. This can include their medical expenses, lost wages, and their own pain and suffering.
Any compensation recovered through a survival action becomes part of the deceased’s estate and is distributed according to their will or state law. Attorney Edward Smith can evaluate your case to determine if both a wrongful death claim and a survival action are appropriate for your family’s circumstances.
Critical Deadlines: The Colorado Statute of Limitations for Wrongful Death
t is vital to understand that there is a strict time limit for filing a wrongful death lawsuit in Colorado. This deadline is known as the statute of limitations. According to C.R.S. § 13-21-204, a family generally has two years from the date of the person’s death to file a lawsuit. If you miss this deadline, the court will almost certainly refuse to hear your case, and your family will lose the right to seek compensation forever. Two years may seem like a long time, but investigating a wrongful death, gathering evidence, and preparing a legal claim takes considerable effort. Contacting a Longmont wrongful death attorney as soon as possible is the best way to protect your family’s legal rights.
While your family is grieving, the idea of handling a complex legal process is daunting. A compassionate and skilled wrongful death attorney can lift this burden from your shoulders, allowing you to focus on what matters most. Attorney Edward Smith manages all aspects of the legal claim on your behalf.
Conducting a Thorough Investigation
The first step is to preserve evidence and determine exactly what happened. This involves gathering police reports, medical records, and witness statements. In complex cases, such as a multi-car pileup or a medical error, it may require hiring accident reconstructionists or medical professionals to analyze the evidence and provide testimony.
Proving Fault and Liability
To succeed in a wrongful death claim, you must prove that the other party was negligent. In simple terms, this means showing four key things:
- Duty: The defendant owed your loved one a duty of care (e.g., a driver’s duty to obey traffic laws).
- Breach: The defendant breached, or violated, that duty (e.g., they were texting while driving).
- Causation: This breach directly caused your loved one’s death.
- Damages: The family suffered legally recognized losses as a result.
Attorney Edward Smith meticulously builds a case to demonstrate each of these elements, establishing a clear link between the defendant’s actions and your family’s loss.
Dealing with Insurance Companies
Insurance companies are businesses focused on protecting their bottom line. Their adjusters and lawyers are trained to find ways to deny claims or pay as little as possible. They may try to argue your loved one was at fault or dispute the value of your family’s losses. This is where having a former insurance attorney is a powerful advantage. Edward Smith can anticipate these tactics and counter them effectively, ensuring the insurance company treats your family fairly.
Even though he ultimately could not take my case, he was overly generous with his time and informed me that I could call him back if I needed any additional advice. Pick any other firm and you will just be considered a source of income, but choose his firm and you can tell he will fight hard for you. Without any hesitation, I would hire this attorney, over any other firm, because it is evident that he is passionate about his work, he knows his stuff, and he cares. If the world had more people like him in it, it would be a much better place to be and, if I come across anyone with a personal injury case, referrals will most definitely be sent to his firm.
Ed Smith Attorney
Longmont Colorado
I need to say that Edward Smith is a wonderful attorney. My case was difficult at best, but Ed made the experience easy for me! He fought my insurance company and always kept me informed. When I needed to speak to him he always got back to me immediately. He worked for the insurance companies early in his career so he knows the ins and outs , then uses his knowledge to help his clients. I can’t divulge my settlement or the insurance company. I can tell you he got me much or more than the attorneys that advertise on television. I can’t say enough good about him! I recommend him highly.
Annette Benson
Longmont Wrongful Death FAQs
What if my loved one was partially at fault for the incident that caused their death?
How much does it cost to hire a wrongful death lawyer?
What is the average settlement for a wrongful death claim in Colorado?
Will our family have to go to court for a wrongful death claim?
How is a wrongful death civil lawsuit different from criminal charges?
A wrongful death claim is a civil action your family brings to secure financial compensation (damages) for your losses. The criminal case determines guilt and results in penalties like jail time or fines paid to the state. The civil case determines liability, and if successful, results in money paid directly to your family. The lower standard of proof in a civil case means you can win a wrongful death lawsuit even if authorities acquitted the defendant or never charged them criminally.
What to Expect When You Work with Our Firm
When you choose our firm to handle your personal injury case, you’re not just hiring a lawyer—you’re gaining a partner committed to your recovery. From the first consultation to the final resolution, here’s what you can expect when you work with us: