Wrongful Death Settlements Explained
Wrongful Death Settlements Explained
A sudden death in your family can change your life in an instant. It’s hard to know where to start or what can be done to get justice for your loved one. If you’re considering a wrongful death settlement to resolve your claim, the process doesn’t have to be overwhelming. The Elite Litigation Group at Bachus & Schanker, LLC, explains wrongful death settlements and what you can expect.
What Is a Wrongful Death Settlement?
A wrongful death settlement is an agreement to resolve a legal claim. The parties enter into the agreement instead of taking the wrongful death claim to trial. It’s up to the parties to decide the terms of the settlement, including the amount that the defendant pays and any conditions that go along with the payment. A wrongful death settlement becomes a legally binding contract. The claimants receive financial compensation. In exchange, it resolves the legal claim without a trial.
What Should Be Included in a Colorado Wrongful Death Settlement?
Most wrongful death settlements in Colorado should contain the following:
- Description of the matter being resolved (i.e., a car accident on a specific date)
- Payment details – the amount, timeline, structure and classifications of compensation
- Timeline to satisfy the judgment
- Confidentiality statement, if there is one
- A requirement that the defendant pay attorney fees if the plaintiff must take court action to enforce the judgment
- An agreement that each party has read and understands the terms
- A statement that the settlement resolves the case
Keep in mind that some other rules and regulations may apply. Both parties must still take all steps that are required under Colorado law to properly execute the judgment.
Why Choose the Elite Litigation Group for Your Wrongful Death Lawsuit?
The sudden and unexpected death of a family member or suddenly being confronted with a catastrophic injury changes life in an instant and raises many important questions about what has happened and about what to do next.
Our Elite Litigation Group will take immediate action to get real answers for your family about what happened to your loved one. We mobilize experts to secure and preserve important evidence and initiate an independent investigation on your behalf. At the same time, our Elite Litigation Group will serve as a resource and anchor for your family advising you about your constitutional rights as a crime victim and about the various government, insurance, financial and community resources that may be available to your family based upon the individualized needs and specific circumstances. Our team will help your family navigate all aspects of a sudden loss or catastrophic injury and will serve as very powerful advocates for your rights every step of the way!
Consultation is free, there’s no hourly fees or upfront expenses.
Do Personal Injury Caps Apply to Wrongful Death Settlements in Colorado?
Yes, personal injury caps apply to wrongful death settlements in Colorado. While there is no limit on economic damages, non-economic damage caps apply. Generally, the plaintiffs can claim the following for non-economic damages:
- Up to $250,000 in all cases
- As much as $500,000 if there is clear and convincing evidence that it’s appropriate, based on the facts
- No more than $300,000 if the claim is based on medical malpractice
- No damage cap for felonious killing (murder or manslaughter cases)
Our client’s child suffers from permanent brain damage as a result of inadequate care while in the care of a hospital.
Defective Medical Device
Our client underwent a common hip replacement surgery but was implanted with a defective product that required multiple revision surgeries that ultimately destroyed the hip joint and caused significant permanent physical disability.
Commercial Truck Collision
The victim suffered multiple blunt force trauma, internal bleeding, a liver laceration, a broken pelvis and a leg after being involved in a commercial truck crash
Fall at Commercial Property
The team of legal professionals at Bachus & Schanker successfully recovered over $3 million dollars for a client that sustained a spinal cord injury after falling at a commercial property.
Our client suffered broken legs, a fractures left ankle and a fractured elbow after her vehicle was hit by a semi-truck. The victim spent nearly two months in hospital, underwent five surgeries and significant rehabilitation.
A cyclist sustained catastrophic injuries after a vehicle attempted an illegal lane change and oversteered the vehicle into the lane occupied by our client. The victim incurred more than $370,000 in medical expenses.
Meet Our Legal Experts
We know what happened to you is unimaginable. Our only goal is to help you and your family on this painful journey and fight for your rights. When you need skilled, experienced, and compassionate representation, the Elite Litigation Group is here for you. With years of experience and multiple office locations serving nationwide, our personal injury attorneys are ready to serve you and fight for the compensation you deserve.
“Thank you for not giving up on me”
…there was a point when I wanted to give up… Bachus & Schanker did not give up on me. They just kept pushing through and letting me know that we’re on a team and that they’re there for me, to support me and help me in any way I need.
Thank you for giving me a second chance, for helping me with a second chance and thank you for not giving up on me.
When you go through an accident, so many people you find give up on you and you don’t matter anymore to them and that wasn’t the case with Bachus & Schanker.