Aspen Wrongful Death Lawyer
Compassionate Advocacy in Wrongful Death Cases
Wrongful death cases are emotionally taxing and complex legal matters. At Ben Rose Law PLLC, our team is here to provide compassionate support and experienced legal representation to guide you through this challenging time. With our dedicated assistance, you can focus on healing and grieving while we handle the legal aspects of your case.
Understanding Wrongful Death Claims
Wrongful death occurs when an individual's death is caused by the negligence or intentional actions of another party. These cases often involve seeking compensation for the financial and emotional losses suffered by the deceased person's loved ones. Our Aspen wrongful death lawyer is well-versed in navigating these claims and fighting for justice on behalf of our clients.
Seeking Compensation for Damages
In a wrongful death claim, damages may include:
Medical expenses incurred before the death
Funeral and burial costs
Loss of financial support
Loss of companionship and guidance
Pain and suffering endured by the deceased
Punitive damages in cases of egregious misconduct
The Legal Process
Navigating the legal process of a wrongful death claim can be overwhelming. Our experienced legal team will handle all aspects of your case, from filing the initial paperwork to representing you in court if necessary. We will work tirelessly to ensure that your rights are protected and that you receive the compensation you deserve.
Wrongful death law necessitates a clear sequence of events leading to the fatal outcome. Families or dependents must establish that the defendant directly caused the deceased's death. Here are four essential elements in a wrongful death claim:
Negligence: Proof is required that the family member's death resulted from the defendant's reckless or careless behavior.
Breach of Duty: Individuals have a responsibility to behave in a certain manner. A breach of duty occurs when this responsibility is violated. For instance, drivers are obligated to follow traffic laws and operate vehicles safely. If a pedestrian is killed because a driver was texting while driving, it constitutes a breach of duty.
Causation: The plaintiff must demonstrate that the defendant's actions, either partially or entirely, caused the family member's death.
Damages: Measurable damages resulting from the family member's death must be shown by the plaintiff.
Claims are typically filed by a representative acting on behalf of the family. At Bachus & Schanker, we are adept at handling complex issues and can file on your behalf. Our specialized team will assist you in shouldering the burden left by your loved one's passing.
Determining the Value of a Wrongful Death Case
The value of a wrongful death case varies and encompasses a broad range of damages, categorized into tangible and intangible forms.
Tangible Damages:
Medical bills
Funeral costs
Property loss
Lost wages
Intangible Damages:
Loss of support, love, and guidance
Loss of anticipated future earning potential
Pain and suffering endured by the deceased due to the defendant's actions
Pain and suffering of the family
Punitive damages may also be awarded based on the defendant's actions, such as murder, criminal acts leading to death, morally reprehensible behavior, or a history of abuse or neglect resulting in fatality.
How to Initiate a Wrongful Death Claim
Commencing a wrongful death claim requires adherence to the statute of limitations in the relevant state.
The initial step typically entails filing the necessary documents to initiate the civil lawsuit, usually a complaint or petition. This document serves to notify the accused of the grounds for the case.
In addition to the petition, a summons or similar document informing the accused of the lawsuit's location is required.
These steps mark the outset of a potentially lengthy process that may extend over several years. For those unfamiliar with wrongful death cases, understanding these procedures can be challenging. Bachus & Schanker can provide assistance by navigating, advocating, and pursuing the restitution owed due to the actions of another.
Payment for a Wrongful Death Attorney
In most instances, wrongful death lawyers operate on a contingency basis. This means you do not pay any fees while the attorney works on your behalf. Instead, their payment is contingent upon winning the case and is derived from the compensation received. Attorney fees for wrongful death cases generally vary based on the specifics of each case.
Contact Us Today
By entrusting your wrongful death case to Ben Rose Law PLLC, you can rest assured that we are dedicated to advocating for your rights and pursuing the compensation owed to you.
Hundreds of clients represented. Millions and Millions Won.