If You Have Lost a Loved One
No honest attorney will claim he can make everything all right after someone you love has died because of another’s carelessness, negligent or malicious act. Money cannot bring back a loved one, nor erase the pain, regardless of the amount of the verdict.
Wrongful death lawsuits seek to provide for family members who are left behind without a primary earner and, hopefully, to deliver justice and the message to act carefully and safely in the future.
Along with heartache and loss, a family deprived of the primary earner faces an uncertain future. Compensation is awarded to return a family’s financial security. These are considered compensatory damages.
But a legal judgment also addresses the negligence or carelessness shown by the party at fault. Punitive damages force them to pay for that negligence and may prevent another tragedy and spare another family similar grief.
The caring and attentive attorneys and associates at Heuser & Heuser are there for you during this difficult time. Years of experience helping people who live all along the Front Range and the Arkansas Valley allow them insight as to the best way to pursue a case, while staying mindful of the toll the experience has taken on you and your family.
Families may be able to find closure in the case’s resolution – perhaps even relief from the outrage felt over having your loved one taken from you.
The Heuser legal team will gather the evidence needed to ensure that the jury understands the extent to which your life has been upended by the wrongful death – how the impact goes beyond financial loss.
Calculating the Settlement
The jury will consider a number of factors while determining the amount of financial damages, including the deceased’s age and condition, resulting loss of income, loss of parental counsel and guidance, loss of support or services, costs for a funeral and loss of inheritance.
To help with jury calculations, the Heuser legal team will bring in expert witnesses to testify to expectations or standard estimates for losses described above. By working with experts – economists, therapists and others – we can show the jury the nature of your loss and the financial settlement necessary for you to live in relative comfort.
Far more difficult to determine is the value of your relationship with the deceased, but part of preparing for the case includes our learning your story and deciding how to best present it. We will talk with those closest to you and create an image of that relationship for the jurors. Friends, coworkers and family members will testify about the death’s effect on the family.
Punitive Damages or Punishment
In some wrongful death cases, punitive damages – also called exemplary damages – may be awarded if the party at fault acted in a particularly reckless or malevolent manner. Despite what many people believe, punitive damages are not routinely awarded, and not in enormous amounts.
The amount of punitive damages is determined by the jury. These damages are in addition to the compensatory damages described above.
Colorado law requires the injured party to prove “fraud, malice, or willful and wanton conduct” by the party at fault. Given that proof, the award cannot be more than the compensatory damages.
Wrongful Death Lawyers in Colorado Springs
The Heuser brothers have practiced personal injury and wrongful death litigation in Colorado Springs for more than 25 years. We have helped thousands of clients here, in Pueblo, Alamosa and elsewhere through the pain and uncertainty of a wrongful death case, recovering the compensation needed after a fatal accident.
Should you face similarly trying times, we are ready to help you as well.
Contact us today for free and get started on your case!