Denver Wrongful Death Attorney
Fighting For Those Who Have Lost a Loved One Due to Negligence in Colorado
When someone you love is killed because of another person’s negligence or wrongdoing, nothing can right the wrongs you’ve experienced. No amount of compensation could ever replace the loss of your loved one.
Yet, you and your family should not have to suffer financial burdens in your time of grief. You may be able to file a wrongful death lawsuit against the negligent party and recover legal compensation to pay for funeral expenses, past medical care, and loss of future earnings.
Wrongful death cases can be very complex, therefore they are best left to an experienced, knowledgeable wrongful death attorney in Denver. Additionally, if the negligent person responsible for the death has very low insurance policy limits, a skilled wrongful death lawyer can instigate a thorough investigation.
This investigation could potentially reveal additional defendants who are more able to pay damages. The wrongful death attorneys at Denver Trial Lawyers ® have more than 175 years of combined legal experience and are more than capable of providing the experienced representation needed to effectively obtain your fair compensation.
Call us today at (303) 647-9990 or contact us online to schedule a consultation with our wrongful death lawyer in Denver.
Wrongful Death Topics Covered Here in Denver
- Practice Areas that Deal with Wrongful Death Cases
- How Long Do Wrongful Death Cases Take?
- Why You Need a Denver Wrongful Death Attorney to File a Wrongful Death Claim
- How A Denver Wrongful Death Attorney Can Help
- Proving Negligence in a Wrongful Death Claim
- Recover Damages for Pain and Suffering
- Our Denver Wrongful Death Lawyers Approach to a Wrongful Death Claim
- Contact our Denver Wrongful Death Lawyers for a Free Case Evaluation
Practice Areas That Deal with Wrongful Death Cases
Understanding whether or not you have a wrongful death case if your loved one has died can be confusing, and you may be wondering whether some accident types justify a wrongful death action.
As stated above, a wrongful death claim may be warranted when a person is killed by the wrongful act or neglect/negligence of another party. As such, there are a myriad of accident types that, if the accident results in death, may justify a wrongful death claim. Some of the common practice areas that deal with wrongful death cases, and with which our Denver wrongful death lawyers are familiar and experienced, include:
- Motor vehicle accidents;
- Truck and commercial vehicle accidents;
- Pedestrian and bicycle accidents;
- Motorcycle accidents;
- Dangerous premises accidents;
- Medical malpractice;
- Defective products;
- Workplace accidents and injuries; and
- More.
If you have lost a loved one, it’s important that you hire a Denver personal injury lawyer who is familiar with the laws regarding the type of accident in which your loved one was involved. At Denver Trial Lawyers®, our personal injury team has more than 175 years’ worth of combined legal experience and is ready to serve you.
How Long Do Denver Wrongful Death Cases Take?
Filing a wrongful death claim is not only an emotional task, but one that you should plan to commit time and energy to, too. While the duration of a wrongful death claim can vary on a case-by-case basis, some of the most time-consuming elements that you should expect to encounter include:
- Investigative process. One of the most time-consuming parts of a wrongful death claim is the investigative process. Remember, in order to win a wrongful death suit, you must be able to present evidence that proves that the defendant’s negligence was the proximate cause of your loved one’s death. This may require working with various experts and medical professionals, and building your claim and organizing evidence could take multiple months, if not upwards of a year.
- Calculating damages. When an accident results in death, surviving loved ones often suffer significant damages in the form of medical expenses prior to death, lost wages, loss of household services, and more. These damages must be calculated before a demand letter can be issued.
- Negotiating a wrongful death claim. Once you have gathered evidence of negligence and causation, as well as damages, you will need to negotiate your wrongful death settlement. Settlement talks can take many months, especially if the value of your claim is significant.
- Litigation. While settling your claim out of court is ideal, sometimes, you may need to file a lawsuit and litigate a claim in order to recover the damages that you deserve. If a claim goes to court, it will likely take well over a year to conclude.
Considering all of the information above, a wrongful death claim could take between one and three years (or more in some cases) to settle.
Why You Need a Denver Wrongful Death Attorney to File a Wrongful Death Claim
Losing a loved one is a shocking experience, and while you may want to seek justice for your losses, you may be unsure of where or how to start.
If you are thinking about filing a wrongful death claim on your own without legal representation, it’s important that you familiarize yourself with the reasons why working with a wrongful death attorney is so important.
How a Denver Wrongful Death Attorney Can Help
Indeed, working with a personal injury attorney can significantly improve the outcome of your wrongful death claim. The main ways in which your Denver wrongful death lawyer will support you and your wrongful death claim include:
- Managing the investigation. As stated above, the investigative process is one of the most important elements of a wrongful death claim. But investigations are time-consuming and expensive, and without the proper training and education, you may be unsure of the elements of a wrongful death claim or what type of evidence you’re looking for (or how to use that evidence to prove your claim). Your attorney will manage all elements of the investigation on your behalf, including paying for the upfront costs of experts’ fees and other expenses associated with an investigation. An injury attorney will also have a staff that’s dedicated to the safe-keeping and preservation of evidence, as well as its proper organization and documentation.
- Representing you during negotiations. There are few things more frustrating than losing a family member due to someone else’s negligent actions and then being offered a settlement amount that is much less than you deserve. Your injury lawyer will act as your advocate and your representative, aggressively negotiating your settlement and rejecting any settlement offers that are unfair.
- Answering your legal questions and ensuring compliance. Finally, a Denver attorney is knowledgeable in the law, and will be available to answer any questions that you have about the wrongful death claim process. Further, your attorney will also make sure that all rules related to your claim are followed. For example, your attorney will make sure that you file your claim within Colorado’s wrongful death statute of limitations.
Proving Negligence in a Wrongful Death Claim
Negligence involves establishing four elements before a court of law. The party bringing the claim must prove negligence by a “preponderance of the evidence.” In other words, there must be a greater than 50% chance that the plaintiff’s claims are true, given all the evidence.
The four elements of negligence are:
- Duty (the defendant owed the plaintiff a duty);
- Breach (the defendant breached that duty);
- Causation (the breach of the duty caused the plaintiff’s injury); and
- Damages (the plaintiff was harmed).
In a wrongful death claim, the family must prove the elements of negligence. These will be the same elements the deceased person would have had to show. For example, in a traffic accident claim, the family would base the negligence on the defendant's conduct towards the deceased person. They would need to show duty, breach, causation, and damages.
All drivers owe other drivers a duty of care. Usually, the plaintiff can show that the defendant breached this duty if they were not following traffic laws or rules. If the deceased person died as a result of the defendant's breach, the family can receive monetary compensation for the loss.
There are many ways to prove negligence in a wrongful death accident. Our wrongful death lawyers prove fault through demonstrative evidence, subject matter experts, and exhaustive research about the facts of your case.
If you would like to speak to one of our award-winning Denver wrongful death lawyers, contact our firm to schedule your free consultation.
Possible Compensation in a Colorado Wrongful Death Claim
In the state of Colorado, family members may receive economic and non-economic damages for a wrongful death claim.
Economic Damages
Economic damages are those which cost the family something financial because of the wrongful death.
Compensation for economic damages can include those costs which the family must handle immediately. For example, medical expenses prior to your loved one's death or funeral expenses.
It can also include streams of income that the family lost due to the death of your loved one. These would include their income or future expected income. You may also be able to receive compensation to cover lost benefits, such as your loved one's insurance.
Calculating Economic Benefits
Calculating certain economic benefits can be challenging. Although direct costs, like incurred medical expenses and funeral expenses, are clear, future potential costs are harder to quantify.
In these cases, the plaintiff's attorney will call an expert, such as an economist. The economist will assess what the deceased person's future income could have been. The economist will analyze several different factors, including:
- How old your loved one was at the time of their death;
- Your loved one’s health when they died;
- An estimate of your loved one’s life expectancy, which they might analyze based on their health, gender, and lifestyle;
- Your loved one’s financial circumstances when they died, including what their potential future earnings looked like.
Wrongful death damages shift the loss that the family experiences to the responsible party. Because of this, a damage award will also take into account the deceased person's relationship to their family when they died. If they were providing financial support, wrongful death damages will be more likely.
Even if your loved one never held a job, it is likely he or she made other types of contributions. For example, consider a stay-at-home mom who, while not bringing in a regular paycheck, contributed extensively to the family.
Taking care of children, cleaning the house, managing the household finances, buying groceries, cooking, etc. are all quantifiable losses. You may have to demonstrate that you now have to pay for additional services, such as childcare or household maintenance. If you can, you may be able to receive compensation for these expenses as well.
Non-economic Damages
Non-economic damages are those that may not be as easy to calculate. They include damages for pain and suffering. You may also be able to receive damages for loss of companionship. Additionally, family members may be able to recover damages for the pain and suffering the deceased person endured before their death.
In certain circumstances, exemplary damages (sometimes referred to as punitive damages) may be available. If the deceased person died because of fraud, malicious, willful, or wanton conduct, you might be eligible to receive punitive damages. Punitive damages are those designed to punish the defendant for their behavior.
Recover Damages for Pain and Suffering
Even if your loved one never held a job, it is likely he or she made other types of contributions to family members. For example, consider a stay-at-home mom who, while not bringing in a regular paycheck, contributes extensively to the family.
Taking care of the children, cleaning the house, managing the household finances, buying groceries, cooking, etc. are all quantifiable losses.
In addition to the wrongful death lawsuit, family members may be able to recover damages for the pain and suffering the decedent endured before his or her death.
Frequently Asked Questions About Denver Wrongful Death
What Is a Wrongful Death Claim and Who Can File One?
A wrongful death claim is a civil lawsuit filed by the surviving family members or the estate of someone who has died due to the wrongful actions or negligence of another person or entity. In Denver, as with the rest of Colorado, the laws are specific about who can file these claims. Initially, the right to file a wrongful death claim lies with the deceased person’s spouse. If there is no spouse or the spouse chooses not to file, the children of the deceased may do so. After the first year following the death, the deceased person's parents can also initiate a claim. It is essential to understand these legal parameters when considering a wrongful death claim, as they determine who has the rightful authority to seek justice and financial restitution.
Can Siblings File a Wrongful Death Claim?
In Colorado, siblings usually do not have the legal standing to file a wrongful death claim. The state's legal framework prioritizes the deceased person's immediate family—spouse, children, or parents. This hierarchy is intended to provide order in what could otherwise be a confusing and potentially contentious process, ensuring those most directly impacted by the loss have the primary legal rights to seek restitution. However, exceptions do exist in very specific situations, such as if the deceased person had no living spouse, children, or parents. In these situations, close relatives like siblings might be able to engage legally, but such cases are generally complex and would benefit from professional legal guidance to navigate effectively.
What Should I Do After Losing a Loved One to Wrongful Death?
After losing a loved one due to wrongful death in Denver, navigating the aftermath can be overwhelming. Initially, it is crucial to document all related circumstances and events—medical records, police reports, witness testimonies, and any communications with insurance providers are key. Seeking legal advice early can also be beneficial in maximizing the evidence gathered while it is still fresh and available. Once equipped with the necessary documents, contacting a qualified wrongful death attorney is essential to explore your legal options. The emotional and administrative burden is intense, but a competent legal team can alleviate some of the stress by guiding families through the procedural necessities, while also providing space for them to begin the healing process.
How Long Do I Have to File a Wrongful Death Claim in Colorado?
The statute of limitations for filing a wrongful death claim in Colorado is generally two years from the date of death. This time frame is a strict deadline that bars the right to sue if not met. However, some exceptions exist—if the death resulted from a hit-and-run accident, for instance, or in some cases involving minors, the time frame could be extended. Observing these legal timelines is paramount; therefore, engaging with a knowledgeable attorney early on ensures that the statutory requirements are correctly adhered to. Legal professionals can also help to identify any exceptional circumstances that may allow for the extension of these deadlines.
Our Approach to a Wrongful Death Claim
At Denver Trial Lawyers®, our Denver wrongful death attorneys will conduct a thorough investigation in which we will interview witnesses, take photographs and engage in any other actions which will help build your wrongful death claim.
Our goal is to ensure your rights are both protected and preserved in our pursuit of compensation on your behalf. Our firm is known for thorough preparation and powerful claim presentations that effectively communicate your circumstances to the jury.
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