Wrongful Death Archives | Colorado Springs Attorneys https://www.thebusseylawfirm.com/category/wrongful-death/ Criminal Defense & Personal Injury Lawyers Mon, 19 Feb 2024 16:18:52 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.2 https://www.thebusseylawfirm.com/wp-content/uploads/2023/11/cropped-Bussey-Law-Firm-Favicon-32x32.jpg Wrongful Death Archives | Colorado Springs Attorneys https://www.thebusseylawfirm.com/category/wrongful-death/ 32 32 Do I Need to Attend Court for a Douglas County, CO Wrongful Death Lawsuit? https://www.thebusseylawfirm.com/do-i-need-to-attend-court-for-a-douglas-county-co-wrongful-death-lawsuit/ Thu, 22 Feb 2024 02:00:06 +0000 https://www.thebusseylawfirm.com/?p=3526 Losing a loved one is an incredibly painful experience, and when that loss is due to someone else’s negligence or misconduct, the grief can be compounded by a sense of injustice. In such cases, families may seek recourse through a wrongful death lawsuit to hold responsible parties accountable and obtain compensation for their loss. If [...]

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Losing a loved one is an incredibly painful experience, and when that loss is due to someone else’s negligence or misconduct, the grief can be compounded by a sense of injustice. In such cases, families may seek recourse through a wrongful death lawsuit to hold responsible parties accountable and obtain compensation for their loss. If you’re considering pursuing a wrongful death claim in Douglas County, Colorado, it’s essential to understand the legal process and whether you’ll need to attend court proceedings.Do I Need to Attend Court for a Douglas County CO Wrongful Death Lawsuit

The Legal Landscape of Wrongful Death Lawsuits in Douglas County, CO

In Douglas County, as in the rest of Colorado, wrongful death claims are governed by specific laws and regulations. These laws outline who may file a wrongful death lawsuit, the types of damages that may be sought, and the procedures for pursuing such claims through the court system. Understanding these legal nuances is crucial for anyone contemplating legal action following the death of a loved one.

When someone dies due to the negligence, recklessness, or intentional actions of another party, Colorado law allows certain family members to bring a wrongful death claim against the responsible party. Typically, the surviving spouse, children, or parents of the deceased have standing to file a wrongful death lawsuit. In some cases, other dependents or representatives of the deceased’s estate may also be eligible to pursue legal action.

Do You Need to Attend Court for a Douglas County Wrongful Death Lawsuit?

One of the most common questions individuals have when considering a wrongful death lawsuit is whether they will need to attend court proceedings. The answer depends on several factors, including the specifics of your case, the legal strategies employed by your attorney, and the preferences of the parties involved.

In many wrongful death cases, attending court hearings or trials may not be necessary for the surviving family members. Instead, your attorney can represent your interests and advocate on your behalf throughout the legal process. This can alleviate some of the stress and burden on grieving families, allowing them to focus on healing and moving forward after their loss.

However, there are instances where court attendance may be required, particularly if your case goes to trial or if there are specific issues that need to be addressed in court. Your attorney will advise you on when your presence is necessary and will prepare you for any court appearances, ensuring that you understand what to expect and how to navigate the proceedings effectively.

Understanding Your Role in the Legal Process

Even if you aren’t required to attend court hearings, it’s essential to stay informed and engaged in your wrongful death case. Your attorney will rely on your input and cooperation to gather evidence, communicate with insurance companies or opposing parties, and make strategic decisions about your case. By actively participating in the legal process, you can help ensure the best possible outcome for your claim.

Throughout the duration of your wrongful death lawsuit, your attorney will keep you informed of any developments, provide updates on the progress of your case, and answer any questions or concerns you may have. They will work tirelessly to pursue justice on behalf of your loved one and secure fair compensation for your family’s losses.

The Importance of Experienced Legal Representation

Navigating a wrongful death lawsuit can be complex and emotionally challenging, particularly in the aftermath of a tragic loss. That’s why it’s crucial to have experienced legal representation on your side. An attorney who specializes in wrongful death cases can provide the guidance, support, and advocacy you need to navigate the legal process with confidence and peace of mind.

At The Bussey Law Firm, P.C., we understand the unique complexities of wrongful death claims in Douglas County, CO, and we’re committed to helping families seek justice for their loved ones. With our extensive experience and dedication to client satisfaction, you can trust us to provide compassionate representation and aggressive advocacy every step of the way.

Seeking Closure and Justice for Your Loved One

While the legal process may seem daunting, especially in the wake of a wrongful death, it’s essential to remember that pursuing justice can bring a sense of closure and healing. Holding those responsible accountable for their actions not only provides financial compensation for your family’s losses but also sends a powerful message that negligent or reckless behavior will not be tolerated in our society.

Throughout the legal journey, you may encounter challenges and setbacks, but with the support of your attorney and loved ones, you can navigate these obstacles and emerge stronger on the other side. Your commitment to seeking justice honors the memory of your loved one and serves as a testament to their life and legacy.

As you embark on this path towards healing and resolution, remember that you are not alone. The Bussey Law Firm, P.C. is here to provide the compassionate guidance and aggressive advocacy you need to navigate the complexities of the legal system. Our dedicated team understands the emotional toll of wrongful death cases and is committed to standing by your side every step of the way.

If you’re considering filing a wrongful death lawsuit in Douglas County, CO, you may be wondering whether you’ll need to attend court proceedings. While every case is unique, many families find that they can rely on their attorney to represent their interests in court, sparing them the additional stress and emotional strain of attending hearings or trials.

However, it’s essential to stay engaged in your case and work closely with your attorney to ensure the best possible outcome. By partnering with experienced legal representation like The Bussey Law Firm, P.C., you can trust that your rights will be protected, and your loved one’s memory will be honored through the pursuit of justice.

If you have questions about your wrongful death case or would like to explore your legal options, we encourage you to contact us for a confidential consultation. Together, we can navigate the legal process and work towards achieving the justice and closure your family deserves.

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Wrongful Death Claims Involving Workplace Accidents in Colorado Springs, CO https://www.thebusseylawfirm.com/wrongful-death-claims-involving-workplace-accidents-in-colorado-springs-co/ Sat, 27 Jan 2024 02:00:07 +0000 https://www.thebusseylawfirm.com/?p=3236 In the bustling city of Colorado Springs, the heart of business and industry beats fervently. As a result, workplace accidents unfortunately occur, leaving families devastated by the sudden loss of a loved one. The Bussey Law Firm, P.C. recognizes the gravity of such situations and stands ready to guide individuals through the intricate legal landscape [...]

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In the bustling city of Colorado Springs, the heart of business and industry beats fervently. As a result, workplace accidents unfortunately occur, leaving families devastated by the sudden loss of a loved one. The Bussey Law Firm, P.C. recognizes the gravity of such situations and stands ready to guide individuals through the intricate legal landscape of wrongful death claims stemming from workplace accidents in Colorado Springs.Documenting Damages in a Tunica MS Paralysis Case

Understanding Wrongful Death Claims in Workplace Accidents

When a tragic workplace accident claims the life of an employee, it is essential to understand the legal avenues available to the surviving family members. Wrongful death claims arise when the death of an individual is caused by the negligent actions or misconduct of another party, be it an employer, co-worker, or a third party involved in the work environment.

Colorado Springs, like many other jurisdictions, operates under specific laws governing wrongful death claims. Surviving family members are eligible to seek compensation for damages such as medical expenses, funeral costs, loss of financial support, and emotional distress. However, navigating these claims requires a comprehensive understanding of the legal intricacies involved.

The Bussey Law Firm’s Approach

At The Bussey Law Firm, P.C., we recognize the profound impact a workplace accident can have on a family. Our experienced legal team is committed to providing compassionate and diligent representation to those seeking justice for their loved one’s untimely death. We understand the complexities of Colorado Springs’ legal framework and strive to alleviate the burden on grieving families by guiding them through the legal process.

Requirements for Wrongful Death Claims in Colorado Springs

Establishing Liability

To pursue a wrongful death claim in Colorado Springs, establishing liability is crucial. The plaintiff must demonstrate that the death resulted from the negligent or intentional actions of another party. This may involve proving unsafe working conditions, inadequate safety measures, or the failure of a third party to fulfill their duty of care.

Timely Filing of Claims

Colorado Springs, like many jurisdictions, imposes a statute of limitations on wrongful death claims. It is imperative to file a claim within the stipulated time frame, typically within two years of the date of death. Failing to adhere to this timeline may result in the forfeiture of the right to seek compensation.

Identification of Beneficiaries

Colorado law specifies who can file a wrongful death claim. Generally, surviving spouses, children, and parents are eligible beneficiaries. In cases where these individuals are unavailable, a representative of the deceased person’s estate may pursue the claim.

Damages Available

Compensatory damages available in Colorado Springs may cover a range of economic and non-economic losses. These can include medical expenses, funeral costs, loss of income, loss of companionship, and emotional distress. The court considers various factors to determine the appropriate compensation based on the circumstances surrounding the wrongful death.

Legal Representation

Navigating the legal complexities of wrongful death claims in Colorado Springs necessitates the assistance of experienced legal professionals. The Bussey Law Firm, P.C. brings a wealth of experience to the table, offering personalized and dedicated representation to families seeking justice for their loved ones.

The Emotional Toll and Community Impact

Beyond the legal complexities, the emotional toll of losing a loved one in a workplace accident is immeasurable. Families are left grappling with grief, sorrow, and a profound sense of loss. The community, too, feels the impact, as the void left by the departed individual resonates through workplaces, neighborhoods, and social circles.

Colorado Springs, known for its close-knit communities, understands the significance of supporting one another during times of crisis. The ripple effects of a workplace accident resulting in wrongful death extend far beyond the immediate family, affecting colleagues, friends, and the broader community. The Bussey Law Firm, P.C. recognizes the interconnectedness of these relationships and strives to provide not only legal guidance but also emotional support during these challenging times.

Safety Advocacy and Preventive Measures

In the wake of a tragic workplace accident, there is a collective responsibility to advocate for safety and preventive measures. The Bussey Law Firm, P.C. actively supports initiatives that aim to enhance workplace safety standards, promote awareness, and prevent future incidents. Collaborating with advocacy groups, industry specialists, and governmental bodies, we strive to contribute to a safer working environment for all residents of Colorado Springs.

Employers, too, play a pivotal role in preventing workplace accidents. Adequate training, regular safety inspections, and the implementation of robust safety protocols are essential components of a responsible and proactive approach to ensuring a secure work environment. By working together, we can collectively strive towards a community where workplace accidents resulting in wrongful death become rare occurrences.

In the aftermath of a workplace accident resulting in the tragic loss of a loved one, understanding the legal avenues available is crucial. The Bussey Law Firm, P.C. stands as a beacon of support for families grappling with the aftermath of such devastating incidents in Colorado Springs. Our commitment to providing compassionate and effective legal representation ensures that grieving families can focus on healing while we navigate the legal complexities on their behalf.

If you find yourself in the unfortunate situation of needing legal assistance for a wrongful death claim arising from a workplace accident in Colorado Springs, contact The Bussey Law Firm, P.C. Our dedicated team is ready to guide you through the process, offering the support and experience needed during these challenging times. Seeking justice for your loved one is not just a legal matter; it’s a pursuit of closure and accountability.

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Five Things You Should Know About Wrongful Death Claims in Colorado https://www.thebusseylawfirm.com/five-things-you-should-know-about-wrongful-death-claims-in-colorado/ Sat, 20 Aug 2022 19:36:56 +0000 https://busseylawfirm.wpenginepowered.com/?p=101 The loss of a loved one is always a tragic and devastating experience and impacts us for the rest of our lives. A loss is even more devastating when it is sudden, unexpected, and the result of someone else’s negligence. Colorado allows certain persons to pursue a wrongful death claim against a responsible party when they have [...]

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The loss of a loved one is always a tragic and devastating experience and impacts us for the rest of our lives. A loss is even more devastating when it is sudden, unexpected, and the result of someone else’s negligence. Colorado allows certain persons to pursue a wrongful death claim against a responsible party when they have caused the death of another person, but there are limitations on wrongful death claims, such as:

  1. Who can pursue the claim;
  2. When can a person pursue a claim;
  3. How the person can collect;
  4. Whether the deceased bears some responsibility for their death; and
  5. While not a legal consideration, even if a person has a timely and valid claim, whether the responsible party capable of compensating those left behind.

Who Can Pursue a Wrongful Death Claim in Colorado?

Five Things You Should Know About Wrongful Death Claims in ColoradoColorado is very specific about whom can pursue this type of claim. A wrongful death claim can only be brought if the decedent could have pursued a claim against the person responsible for their death had they survived the event. Generally, during the first year after a death, only the spouse can pursue a claim. During the second year, the spouse and surviving children can pursue a claim. If the decedent was not married and did not have children, then the parents of the decedent can pursue a claim. Siblings, adoptive parents of an adult, cousins, and grandparents may not pursue such claims. The representative of the decedent’s estate can pursue a similar type of clam, called a survivor claim, for economic losses to the estate. This type of claim is separate from the wrongful death claim.

Another limitation on who can pursue a claim is a rule that only one wrongful death claim can be brought. That is to say for example, if a spouse files a claim, the parents cannot also file a claim.

Colorado also has very specific time limitations on when a person can pursue claim. Colorado limits the time to two years with some exceptions such as if the person died as the result of a motor vehicle crash. If a loved one misses this time period, the claim cannot be brought.

How Much are Claims Worth?

If a person does file a claim, Colorado limits the amount of money a person can be compensated. This is called a “cap on damages.” There are two types of damages: economic and noneconomic. Economic damages include things such as medical bills and funeral expenses. Noneconomic damages include things such as the pain and suffering and emotional distress caused by losing a loved one. Colorado, with some exceptions, does not limit economic damages, but does limit noneconomic damages, currently at $571,870.00. But, there are some exceptions to this cap.

If the death was due to things such as fraud, malice, or willful and wanton conduct, or if the wrongdoer’s actions could be considered felonious, the cap can be removed. A claimant may also be awarded punitive damages beyond any cap. Whether the cap can be removed involves a meticulous look at the facts and circumstances of the death and what the person responsible did.

Another roadblock to wrongful death claims can sometimes be the degree to which the decedent contributed to their death. Typically, a claim can only be brought against someone if they can be found to have been more responsible for the death than the decedent themselves. And, if the decedent contributed to their own death, but less than the other party, the amount of damages may be reduced to account for their actions.

Lastly but importantly, sometimes the person responsible simply does not have the ability to compensate the family member bringing the claim. These situations are emotionally difficult because even though the family member clears the hurdles described above, at the end of the day, a successful claim may not mean they are compensated.

We’re on Your Side

Wrongful death claims are complicated and require a thorough understanding of the law and the practical considerations they inherently bring. If you have lost a loved one because someone else was negligent, you need an experienced attorney to look at how your loss fits into Colorado’s wrongful death statutes.

The Colorado Springs personal injury attorneys at The Bussey Law Firm, P.C. have successfully handled multiple wrongful death claims for those who have lost loved ones. We have been able to secure seven figure outcomes to help compensate our client’s losses. We routinely represent the loved ones of those who have been wrongfully killed by someone else. We understand your trauma and compassionately carry your case forward for you. If you have questions about a possible wrongful death claim, you should call the attorneys at The Bussey Law Firm, P.C. at (719) 475-2555.

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Types of Damages in a Colorado Wrongful Death Claim https://www.thebusseylawfirm.com/types-of-damages-in-a-colorado-wrongful-death-claim/ Fri, 30 Apr 2021 20:33:49 +0000 https://busseylawfirm.wpenginepowered.com/?p=217 After the loss of a loved one, you may be left with leftover medical bills, funeral expenses, a loss of future wages, and other costs that you should not have to bear alone. If you lost someone to a wrongful death, you may be able to recover all of these costs and more to give [...]

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After the loss of a loved one, you may be left with leftover medical bills, funeral expenses, a loss of future wages, and other costs that you should not have to bear alone. If you lost someone to a wrongful death, you may be able to recover all of these costs and more to give you and your family a brighter future.

 

Types of Damages in a Colorado Wrongful Death ClaimA wrongful death occurs when someone dies because of the negligence or wrongdoing of another. A wrongful death claim is a legal action that allows you to seek justice for your deceased loved one and to hold the responsible parties accountable for their actions. It is also a way to pursue compensation for your family’s future.

What Damages Can Surviving Family Members Claim?

Monetary damages may be awarded by an insurance company or jury to surviving family members in a wrongful death claim. The amount of damages will depend on the circumstances of the case. Typically, the wrongful death damages family members may be entitled to claim include:

  • Wages or income the deceased person would have earned had he or she lived
  • Benefits lost as a result of the wrongful death
  • Loss of the care, companionship, love, comfort, protection, assistance, and affection of the deceased

In addition to the above damages, the personal representative of the deceased may claim damages on behalf of the estate, which may include funeral and burial expenses and medical costs related to the last illness or injury of the deceased.

Are Punitive Damages an Option?

In some cases, the surviving family members may be able to claim punitive damages for wrongful death. These damages are designed to punish the defendant for wrongdoing or particularly egregious (shocking or outstandingly bad) behavior, and to deter others from taking similar actions in the future. There is a cap on punitive damages in Colorado. Unless specific criteria are met, as determined by the court, punitive damages may not exceed whatever the family is awarded for actual damages. If those criteria are met, punitive damages may not exceed three times the actual damages amount.

Who Can Sue for Wrongful Death in Colorado?

Only certain parties may file for wrongful death in Colorado, and special time limits apply in each case.

  • During the first year after death, only the surviving spouse of the deceased can file a wrongful death claim.
  • During the second year after death, both the surviving spouse and the surviving children are allowed to file for wrongful death.
  • If there is no surviving spouse and no surviving children, then the parents of the deceased may file a wrongful death claim during the second year.
  • The personal representative of the deceased’s estate may file an additional claim known as a survival action to recover certain types of losses to the estate.

Why Do You Need a Lawyer?

The statute of limitations (time limit imposed by law) for wrongful death is two years from the date of death, and specific time limits for particular parties also apply. For example, if the person who died was your spouse, you have only one year from the date of death during which you alone may file a claim. During the following year, any surviving children, or surviving parents if there are no surviving children, may also file. Once the time limit for wrongful death has expired, your claim is forever barred.

Wrongful death claims are not only emotionally charged but also involve complex legal issues. An experienced attorney can guide you through the process and increase your chances of a successful outcome.

If you have lost a loved one through someone else’s negligence, contact The Bussey Law Firm, P.C., at (719) 475-2555 to schedule a free consultation. Timothy Bussey is a Colorado Springs personal injury lawyer who has been voted Top Attorney by Colorado Springs Style Magazine and awarded membership in the Million Dollar Advocates Forum. You can rely on him for superior representation and dedicated advocacy in a wrongful death claim.

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Wrongful Death: The Limits, The Exceptions, and The Rules https://www.thebusseylawfirm.com/wrongful-death-the-limits-the-exceptions-and-the-rules/ Fri, 29 May 2020 21:29:59 +0000 https://busseylawfirm.wpenginepowered.com/?p=257 The sudden loss of a loved one is devastating.  Even more so when it’s unexpected and when someone else caused it.  The emotional toll is great.  The financial loss can be devastating to a family. The History of Wrongful Death Laws Believe it or not, many years ago, when someone killed another, the surviving family [...]

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The sudden loss of a loved one is devastating.  Even more so when it’s unexpected and when someone else caused it.  The emotional toll is great.  The financial loss can be devastating to a family.

The History of Wrongful Death Laws

Wrongful Death: The Limits, The Exceptions, and The RulesBelieve it or not, many years ago, when someone killed another, the surviving family members had no recourse for their loss.  The theory was that any claims for a wrongful death died with the decedent.  The family had no recourse for their loss.

To cure this problem, Colorado, like many other states, enacted laws providing for a legal recovery to families when a loved one died due to another’s actions.  This type of claim is called a wrongful death claim.  However, while Colorado provides for legal recovery for losses due to a loved one’s death, the recovery is limited and regulated by an intricate set of laws and procedures.

Restrictions Placed on Wrongful Death

In Colorado, only the personal representative of a decedents’ estate can bring an action for the wrongful death of a person.  For example, if a husband and father is killed by someone’s negligent acts, likely, his wife would be named the personal representative of his estate.  Only she can bring a claim for his death.  She files the claim on behalf of herself and their children.  There can only be one claim presented on behalf of all the heirs.  If the wrongdoer ends up being found negligent, they pay damages to the estate.  The damages are then allocated to all the heirs through the estate stipulations.

Unfortunately, the law can only award money damages.  That makes these types of cases emotionally difficult for family members and their attorneys.  No amount of money can compensate someone for the loss of a spouse, father, mother, or child.  To make matters worse, Colorado has long limited the amount of damages anyone can collect due to the wrongful death of a loved one.  Currently, the limit on damages is just below $500,000.00.  Effectively, what this cap does is restrict how much compensation a person can receive for the death of a loved one and takes the determination of damages away from a jury.

Felonious Acts and Damages

This “cap” on damages can be overcome in certain circumstances though.  If the act that led to the death was similar to a felonious act, the cap can be set aside.  The analysis and procedure for setting aside the cap is complicated and requires a separate court determination aside from any trial.  So, what is felonious conduct?

A person commits a felonious killing when their actions equate to manslaughter, second-degree murder, or first-degree murder.   The lowest level is manslaughter.  To meet this threshold, the wrongdoer must act in a reckless manner, which means the person acts consciously with a disregard to a substantial and unjustifiable risk that a death will occur or that circumstances exist that a death may occur.

Other Exceptions

However, a person does not need to be charged with a crime in order for the cap to be waived.  In a wrongful death case, the court need only make a determination that the facts exist to find at least recklessness.  The good news is that unlike in a criminal proceeding, the burden of proof is only by a preponderance of the evidence.  That is to say that the court only has to find that it was more likely than not that the wrongdoer acted recklessly.  This is a much lower standard than what is required in a criminal proceeding where the burden is beyond a reasonable doubt.

A court’s determination that someone acted feloniously in killing another person is critical in a wrongful death case.  It allows the court to set the cap on damages aside.  When this occurs, a jury’s verdict on damages is what the family receives instead of damages being capped.

If you’ve lost a loved one because of someone’s fault, you should contact an attorney with experience in handling these difficult cases.  At The Bussey Law Firm, P.C., we’ve handled these difficult cases and have been successful in getting families the compensation they deserve.  If you’ve lost a loved one because of someone else’s negligence, contact The Bussey Law Firm, P.C. either online or by calling (719) 475-2555 for a free consultation.

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Leading Causes of Child Wrongful Death https://www.thebusseylawfirm.com/leading-causes-of-child-wrongful-death/ Wed, 06 Jul 2016 03:34:08 +0000 https://busseylawfirm.wpenginepowered.com/?p=332 As a parent, there is nothing worse than the death of a child. The loss of a child is a traumatic and tragic event, not even including the pain you experience afterward. Unfortunately, death is an unavoidable part of life. Children are vulnerable, and sometimes, the worst happens no matter how careful you or your [...]

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As a parent, there is nothing worse than the death of a child. The loss of a child is a traumatic and tragic event, not even including the pain you experience afterward. Unfortunately, death is an unavoidable part of life. Children are vulnerable, and sometimes, the worst happens no matter how careful you or your children are.

Leading Causes of Child Wrongful DeathIt is tragic, but child maltreatment is a leading cause of child wrongful death in the United States. Maltreatment includes neglect, physical abuse, sexual abuse, and psychological abuse. When the child is denied their basic needs, such as food and housing, these are examples of neglect. Shaking and hitting are examples of physical abuse. According to the 2014 report by the Administration for Children and Families, out of every 100,000 children, 1,580 die every year.

Another leading cause of child wrongful death is motor vehicle accidents and injuries. Car seats for infants, booster seats for toddlers, and seat belts for older children have been shown to significantly reduce the risk of children receiving fatal injuries in a motor vehicle accident. Unfortunately, the Centers for Disease Control and Prevention reports that, in 2013, 638 children were killed and 127,250 were injured. These children were 12 years old and younger.

Poisoning is yet another leading cause of child wrongful death in the United States. There are many substances, such as cleaning chemicals, which are poisonous. These substances are even more harmful to children because children don’t weigh as much. It takes less of a poisonous substance to harm a child than it would an adult. Children are naturally curious as they grow, and parents or caregivers being distracted often grants children enough time to ingest a substance they shouldn’t.

It would be the hope that places where children play, such as playgrounds and swimming pools would be safe. Unfortunately, playgrounds and water-related accidents are both leading causes of child wrongful death in Colorado. Equipment such as swings and monkey bars or other climbing equipment are the most common causes of injury at playgrounds. In a swimming pool or another body of water, children can be unable to draw attention to themselves if drowning.

The loss of a child is overwhelming and all-consuming. In the event of a child wrongful death, contact the dedicated Colorado Springs legal team at The Bussey Law Firm, P.C. We will help through the painful process of the wrongful death of your child. Contact us today at (719) 475-2555.

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Common Questions Following a Colorado Springs Child’s Wrongful Death https://www.thebusseylawfirm.com/common-questions-following-a-colorado-springs-childs-wrongful-death/ Thu, 30 Jun 2016 03:35:53 +0000 https://busseylawfirm.wpenginepowered.com/?p=334 After the wrongful death or injury of your child you will be left with a lot of questions. These are questions you might not know the answer to, especially when you are also grieving. The loss of a child is always earth shattering. It’s hard to know how to continue your daily life. It’s also [...]

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After the wrongful death or injury of your child you will be left with a lot of questions. These are questions you might not know the answer to, especially when you are also grieving. The loss of a child is always earth shattering. It’s hard to know how to continue your daily life. It’s also hard to know what steps you might need to take. This is even more true in the event of a child’s wrongful death.

Common Questions Following a Colorado Springs Child’s Wrongful DeathWhen you are grieving the loss of a child, the first question you might be asking is: “What’s the point of lawsuit or claim?” This is a valid question, and an understandable one. No matter what you do, it won’t bring your child back, and that’s really all you want. However, a wrongful death suit or claim can help alleviate the immediate financial burden your family is experiencing. Unfortunately, there are costs involved with the death of a loved one and it can be hard to meet those costs. Even more so when the loss involves a child. You never expect to lose a child.

Each situation will be different. And there are never guarantees. You can claim certain damages in the event of your child’s wrongful death, including pain and suffering, medical bills, and even therapy bills. Before you even pursue a wrongful death suit, however, your next question might be: “Do I even have a claim?” To properly answer the question, you want to contact the experienced and caring attorneys at The Bussey Law Firm, P.C. in Colorado Springs. You might have a legitimate claim under Colorado Revised Statute (C.R.S.) 13-21-2002:

• If a person was killed,
• The death occurred as a result of negligence or intentional actions, and
• You have suffered a financial loss because of the death.

You might also be wondering who can be held accountable in the event of your child’s wrongful death. Knowing fault and having evidence is necessary. Fatal injuries can happen at a school, whether on the playground or because of careless students and staff. Motor vehicle accidents are a leading cause of wrongful death, and the other driver or the manufactured of a defective vehicle could be at fault. Even defective products in your own home could be a cause.

Contact The Bussey Law Firm, P.C. to see if you have a claim or how to proceed in your child’s wrongful death. We can be reached at (719) 475-2555.

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What is a Wrongful Death in a Colorado Accident? https://www.thebusseylawfirm.com/what-is-a-wrongful-death-in-a-colorado-accident/ Mon, 11 May 2015 04:55:14 +0000 https://busseylawfirm.wpenginepowered.com/?p=374 When an injury suffered in a car crash or other Colorado accident proves fatal, the injured person’s surviving family members may be able to bring a wrongful death claim against the at-fault party with the help of an experienced attorney. A “wrongful death” is a death caused by the negligence of another person or company.  A death [...]

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When an injury suffered in a car crash or other Colorado accident proves fatal, the injured person’s surviving family members may be able to bring a wrongful death claim against the at-fault party with the help of an experienced attorney.

What is a Wrongful Death in a Colorado Accident?A “wrongful death” is a death caused by the negligence of another person or company.  A death resulting from a car accident, a slip and fall, or from using a product with a deadly hidden defect are just a few of the situations that may give rise to a wrongful death claim.

In Colorado, the surviving spouse of a deceased person may file a wrongful death claim within the first year after an accident.  In the second year, either the spouse or the deceased person’s children may file the claim.  If the deceased person had no spouse or children, then the deceased person’s parent or parents may file the claim at any time in the two years that follow the accident.  In general, a wrongful death claims must be filed within two years; however, attorney Timothy Bussey can help you determine exactly when the deadline falls in your specific case.

Damages available in a wrongful death claim include compensation for the loss of the deceased person’s support, loss of insurance and other benefits due to the death, the loss of the love, companionship, or guidance of the deceased person, and in some cases, punitive damages.  Compensation for losses like medical bills or property damage resulting from the accident may also be available in some cases.

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Who Can File a Wrongful Death Lawsuit in Colorado? https://www.thebusseylawfirm.com/who-can-file-a-wrongful-death-lawsuit-in-colorado/ Mon, 08 Jul 2013 09:42:04 +0000 https://busseylawfirm.wpenginepowered.com/?p=416 If you have lost an immediate family member because of a negligent or willful act by another, it may be possible to pursue financial compensation for your loss. Colorado’s Wrongful Death Act allows certain family members to file a lawsuit after their loved one has been killed as the result of someone else’s negligence or [...]

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If you have lost an immediate family member because of a negligent or willful act by another, it may be possible to pursue financial compensation for your loss. Colorado’s Wrongful Death Act allows certain family members to file a lawsuit after their loved one has been killed as the result of someone else’s negligence or wrongdoing.

Who Can File a Wrongful Death Lawsuit in Colorado?In general, Colorado laws regarding wrongful death primarily serve to protect those who were economically dependent on the deceased. During the first year after death, a spouse has exclusive rights to file a wrongful death action to receive financial compensation for his or her loss. During the second year after the fatal incident, the spouse and heirs of the deceased are allowed to bring a wrongful death action. Heirs protected under Colorado law include children and grandchildren. Siblings, however, cannot typically bring wrongful death lawsuits. When there is no surviving spouse or children, the parents of the deceased may bring a claim.

If you have lost a loved one because of someone else’s negligence, you may be able to receive compensation for:

  • The earnings the deceased person would have provided
  • Loss of support
  • Lost insurance benefits
  • Loss of love, companionship, and protection
  • Punitive damages to punish the wrongdoer
  • Funeral expenses and hospital bills

It is important to remember that there is a two-year statute of limitations on wrongful death cases in Colorado. Once that time has passed, you will no longer be able to receive financial compensation for your loss. The sooner you act, the better your chances are of getting fair compensation.

At The Bussey Law Firm, P.C., our experienced Colorado wrongful death attorneys help families get the support they need after losing a loved one. Please contact us at (719) 475-2555. We are here to help.

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Colorado Car Accident Deaths Impose Hefty Costs https://www.thebusseylawfirm.com/colorado-car-accident-deaths-impose-hefty-costs/ Wed, 15 Aug 2012 13:24:55 +0000 https://busseylawfirm.wpenginepowered.com/?p=493 When a car accident kills a loved one, a family’s world is turned upside-down in an instant. Grieving and healing require time and energy, and it can seem like there is no room in your life for anything else. Unfortunately, the financial burdens caused by fatal car accidents are also real and must also be [...]

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When a car accident kills a loved one, a family’s world is turned upside-down in an instant. Grieving and healing require time and energy, and it can seem like there is no room in your life for anything else. Unfortunately, the financial burdens caused by fatal car accidents are also real and must also be dealt with after a crash.

Colorado Car Accident Deaths Impose Hefty CostsColorado residents lose about $623 million due to deadly car accidents each year, according to the U.S. Centers for Disease Control and Prevention (CDC). About $5 million is spent on medical costs, and about $618 million is lost when an injured or deceased person can no longer work and earn wages or other income.

The number for lost wages is so high, according to the CDC, because car accident deaths are more likely to affect younger people, who have many decades of potential earning power ahead of them. The CDC estimates the money these workers would have lost by comparing them to workers with similar career trajectories and counting both wages and benefits, like health insurance and retirement accounts. However, whenever a person of any age or earning power dies in a car accident, the family is all too often left to foot substantial bills in addition to dealing with their own grief.

If you’ve lost someone you love in a fatal car accident, please don’t hesitate to call a hardworking Colorado Springs wrongful death lawyer at The Bussey Law Firm, P.C. We can help you seek the compensation you need to pay the bills and move forward. For a free, confidential consultation, call us today at (719) 475-2555.

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