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.
Along with heartache and loss, if a family is deprived of the primary earner, 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. In addition to lost income, you may be entitled to an award for loss of the companionship of your loved one.
The caring and attentive attorneys and associates at Heuser & Heuser are here 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 their loved one taken from you.
The Heuser & 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.
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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 & 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 outrageous 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
The Heuser brothers have practiced personal injury and wrongful death litigation in Colorado Springs for more than 30 years. We have helped thousands of clients here, in Pueblo, 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.
Heuser & Heuser, L.L.P. is an experienced personal injury law firm in the state of Colorado with offices in Colorado Springs and Pueblo. The Heuser brothers have more than 30 years of legal experience in practice areas such as auto accidents, trucking accidents, motorcycle accidents, and workers’ compensation. To schedule a consultation with one of our practicing attorneys, please give us a call at 719-520-9909 or complete our inquiry contact form.