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Colorado Archives - Bendinelli Law Firm

The Pain of Wrongful Death Cases

By | Automobile Accident, Distracted Driving, Drunk or Impaired Driving, Hit-and-Run Crashes, Uncategorized, Wrongful Death
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The Pain of Wrongful Death

It’s like a punch in the gut when an unexpected tragedy strikes, and a loved one dies. Not only are you dealing with unbearable grief, you may be wondering if your loved one died as a result of a wrongful death due to someone’s negligence or neglect.

 

In Colorado, wrongful death claims are civil lawsuits that attempt to establish the liability of a person or company resulting in the untimely and wrongful death of a loved one. To receive compensation, the family must show that the death was caused by the negligence, recklessness, or intentional behavior of another person or entity. Some examples of wrongful death claims are: car accidents, slip and fall accidents, medical malpractice, or death caused by defective or recalled parts.

In Colorado, families can sue for both monetary damages. This compensation would cover losses of the estate, and punitive damages. This  would help families during their time of need, and in some cases, punish negligent parties that caused the death of a loved one. Monetary damages cover things like lost wages and other assets the deceased would have likely earned. It also can cover a benefit loss (such as health insurance) as a result of the death. Families are also able to seek damages for loss of love, companionship, comfort, care, and assistance lost because of the death. The amount of monetary damages is assessed by a jury or judge and will be determined by the facts of the wrongful death case.

Families may also seek to recover losses to the estate, such as medical, hospital, or emergency care expenses, as well as funeral and burial costs. These bills can quickly add up after the death of a loved one. The Bendinelli Law Firm will ensure that the negligent party will be held responsible and can help families through this difficult time.

In addition to monetary and estate damages, there are punitive damages. Punitive damages are meant to punish the wrongdoer to deter them, and others from acting in negligent or reckless ways. Though this cannot bring back a loved one, it can feel like justice has been served for the suffering families.

The laws surrounding wrongful death cases very by state to state. In Colorado, wrongful death lawsuits can be filed only by the surviving spouse in the first year, and then by the surviving children the following year. If the deceased has no surviving spouse or children the parents can then file a wrongful death claim. All wrongful death lawsuits in Colorado must be filed within two years of the death.

It is important to speak with an attorney if you believe a loved one has died because of the negligence of another person or company. If you believe your family has been the victim of wrongful death, contact the Bendinelli Law Firm today to speak to an experienced wrongful death attorney.

No DUIs on Valentine’s Day!

By | Denver Personal Injury Attorney, Drunk or Impaired Driving, Motor Vehicle Safety

romanceLove is in the air and many of us will be heading to our favorite restaurant to celebrate Valentine’s Day with our special someone. These romantic dinners may involve wine, beer, or cocktails, as we gaze lovingly into each other’s eyes. What many of us do not realize is how easy it is to go from just enough, to one too many, and then get behind the wheel thinking we’re are okay to drive. Getting a DUI on Valentine’s Day is definitely not how you want to end this special celebration!

A common myth is if we consume only one drink per hour we’re still sober enough to drive. Though it may be possible (as we all metabolize alcohol differently), research suggests that this just isn’t true. Dr. Kenneth R. Warren explains:

“The average rate of alcohol metabolism is 100 milligrams of alcohol per kilogram of bodyweight per hour. For a typical 160-pound man, this would translate into 7 grams of alcohol in an hour. The so-called standard serving, a 12-ounce bottle of beer, is 14 grams of alcohol, so it would take two hours to fully metabolize it. For most people, if you drink one drink an hour, you’re going to become more and more impaired each hour.”

While one drink a hour may be the norm for many people, your body is likely not processing the alcohol as fast as you think, which could lead to disaster if you do not take the time to sober up.

Becoming sober isn’t as easy as it sounds either. As we begin to wrap up our Valentine’s dinner we may order a cup of coffee, thinking that it will help us sober up for the drive home. But, again this just doesn’t seem to be the case. In an interview with the BBC, Dr. Thomas Gould explains:

“The myth about coffee’s sobering powers is particularly important to debunk because the co-use of caffeine and alcohol could actually lead to poor decisions with disastrous outcomes. People who feel tired and intoxicated after consuming alcohol may be more likely to acknowledge that they are drunk. Conversely, people who have consumed both alcohol and caffeine may feel awake and competent enough to handle potentially-harmful situations, such as driving while intoxicated or placing themselves in dangerous social situations.”

Though coffee, or other caffeinated drinks, can make an impaired person feel more alert after consuming a few drinks, it isn’t helping your body metabolize the alcohol any faster.

If you are still unsure whether you can drive your sweetheart home, download CDOT’s R-U-Buzzed app. Just put in your body weight, sex, and how much you have had to drink and it will give you an estimated blood alcohol concentration and when you will become sober.

Don’t give the love of your life the gift of a DUI this Valentine’s Day. Go out and celebrate with your love, but remember to celebrate responsibly. If you are too drunk to drive then use RTD, call a taxi, or using a ride sharing service such as Uber or Lyft.

If you or a loved one has been hurt in a DUI or DWI crash speak with one of our expect lawyers. Contact the Bendinelli Law Firm today for a free consultation.