When tragedy strikes your family we know how difficult it can be to find the strength to move forward without guidance from someone who understands what you’re going through. Contact our Denver wrongful death lawyer today for compassionate representation at no cost until we win your case!
Our compassionate attorneys will answer your questions and explain your legal options during a free consultation. We firmly believe that people who suffer the loss of a family member as a result of extreme negligence should not have to bear the financial and emotional burden alone. While nothing can replace your lost loved one, it is important that your family maintain financial stability and not be burdened with medical debt. Call our personal injury lawyers in Denver today at 720-770-5454 to learn how we can help you recover wrongful death compensation.
How Does Colorado Define a Wrongful Death?
Wrongful death is defined as an accidental death that was caused by another person or entity. A wrongful death claim can be brought in any situation where the person could have brought a personal injury claim had he or she survived.
Wrongful death claims are governed by Colorado's wrongful death statute, which is found at CRS § 13-21-102 et seq. and provides that damages for wrongful death include medical expenses incurred before the date of death, funeral expenses, pain and suffering endured by the deceased before his or her date of death, and pecuniary loss suffered by dependents as a result of their relationship with the deceased. The statute also provides that punitive damages may be awarded if it is shown that the person responsible acted maliciously or wantonly in causing the plaintiff’s injuries resulting in wrongful death.
What Damages can You get Through a Wrongful Death Lawsuit in Colorado?
In Colorado, there are two types of damages awarded in a wrongful death case: economic and noneconomic. Economic damages are paid to the deceased person's survivors to cover financial losses associated with the death. Some common types of economic damages awarded in Colorado include:
- Wages and other types of compensation that the deceased would likely have earned if they had lived
- Medical costs associated with their injury
- Financial benefits lost as a result of the death such as life insurance
- Funeral costs and burial expenses.
Noneconomic damages compensate for pain and suffering experienced by those close to the victim before their passing. These can include mental anguish from grief, loss of consortium due to loneliness, loss of guidance from an adult child who was killed while still living at home with his parents, etcetera. The amount awarded for these types of non-economic losses will vary depending on each individual situation but may be significant enough so that it exceeds any award given for economic losses
Noneconomic damages used to be capped at $250,000. But this limit has been adjusted and increased significantly and now sits around $468,000.
How can You Prove a Wrongful Death Case?
Proving wrongful death suits are complicated. You need to be prepared for the process, which includes proving negligence on behalf of the liable party. When filing a wrongful death claim you need to prove the following:
Negligence
Negligence is a legal term that refers to the failure of ordinary care. In order to prove negligence, the plaintiff must show that the negligent person had a duty to act with reasonable care and failed in this duty of care. The plaintiff may need to take extra steps to explain what would have been considered a reasonable standard of care in the specific situation
Breach of Duty
Breach of duty is the legal term for when someone fails to uphold their responsibilities. For example, if you are driving and break a traffic law, this would be considered a breach of your duty as a driver. If you are an employer and do not provide adequate safety measures in your workplace, then that would also be considered breaching your duties as an employer. It can happen in any profession or industry where there are certain standards or expectations set by law or company policy
In order to prove that the defendant owed a duty to the victim and breached it through negligent actions, plaintiffs will need to establish how the defendant's duty existed and was breached due to their negligence. This may involve proving that they were aware of potential risks but did nothing about them, failed to take precautions against foreseeable dangers, acted with reckless disregard, or knowingly violated laws designed to protect people from harm.
Causation
Causation is the legal term for proving that a defendant's negligence caused the death of another. This can be done by showing how the actions or inactions of the negligent party led to an injury and then linking that injury to the victim's death.
Damages
Damages are the amount of money that a person can be compensated for when they have been wronged. They may include:
- Medical bills
- Burial costs
- Loss of income
- and more.
These damages will need to be quantified in order to prove a wrongful death case.
We will work with you to build your case around the facts and evidence that are provided so that we may help you get justice for your family member’s death. It is important to contact a compassionate attorney as soon as possible after a person dies because time limits apply to filing a claim in court.
Who is Eligible to File a Wrongful Death Claim in Denver?
It’s important to know the time periods that determine when you have to file your claim because there are deadlines in place that must be followed if you want your case to move forward. In Colorado, if the deceased person has a surviving spouse only they may file a wrongful death lawsuit within one year after their spouse's date of death unless they permit in writing that their children or designated beneficiary may join them in filing suit against another party responsible.
A wrongful death case can be filed within two years by the deceased's surviving spouse, children, or designated beneficiary. If the deceased's children file the wrongful death case, the surviving spouse or designated beneficiary has a 90-day period of time to join the civil lawsuit.
How Can a Denver Wrongful Death Lawyer Help?
The laws in Colorado related to wrongful death cases are complex and difficult to understand. An experienced Denver wrongful death lawyer has the knowledge needed to begin your case in a timely manner and preserve all evidence. They will also be able to answer any questions you may have about this process so that you can make informed decisions about your future. Our team will help you get through the legal system as quickly and painlessly as possible.
When you hire us, we will take care of all the legal work related to your case while providing compassionate support throughout the process. This includes working closely with medical professionals and investigators so that they are able to provide accurate information about how your loved one died to prove your case.
Calculating the full potential of wrongful death damages is often difficult. While the economic damages are fairly straightforward quantifiable losses, determining the value of non-economic damages such as pain and suffering, and loss of companionship proves much more difficult.
What is the Wrongful Death Claims Process?
The wrongful death claim process can be complicated and confusing. That’s why we are here to help guide you through this difficult time in your life.
Submitting a Notice
During the first step, the defendant is notified that the plaintiff plans to take legal action. This includes obtaining insurance information from the defendant as well as gathering more information and investigating the case.
An attorney may interview witnesses or people who were involved with them before their passing. An experienced lawyer may also request medical records from doctors or hospitals that treated your loved one before they died as well as police reports if applicable. All of these documents are necessary for determining liability in a case like yours and can be used by skilled attorneys when negotiating on behalf of you and other family members seeking maximum damages.
Negotiations
Negotiation is a process that can be used to reach an agreement between the plaintiff and defendant. It's less expensive than taking the case to court, and it may result in a settlement without going to trial. If your case goes to trial, it will take much longer and cost more money for both parties.
Pre-Trial
If you are unable to agree on a fair settlement through negotiating, an official notice will be filed to the courts to begin litigation. Then both parties will prepare for court by requesting information and evidence from each other, finding witnesses, and documentation.
During these legal proceedings, the judge will review the case to determine whether all elements of a wrongful death case are present. Plaintiffs should take care of retaining all evidence and documentation related to the case, which is essential in providing proper proof that a wrongful death occurred.
Trial
During trial, the lawyers for the plaintiff and defendant present all of the evidence and information surrounding the incident. After this is complete the judge or jury decides whether the defendant is responsible for the death or not.
Settlement
Once the two parties reach a settlement whether it was during negotiations or ordered by the court, the plaintiff will receive compensation for damages.
What are Common Causes of Wrongful Death?
Some of the common scenarios that lead to wrongful death include:
Car Accidents
A car crash accident is one of the most common causes of wrongful death, over 38,000 people die in traffic accidents every year. Distracted, aggressive, drunk, or impaired drivers, defective auto parts, as well as road construction, are the main causes of fatalities on the road
Medical Negligence
Medical malpractice happens when a hospital or physician fails to provide an accepted standard of care. A medical professional is expected to ensure proper treatment, diagnosis, and prescriptions, but even small mistakes in prescriptions, diagnoses, and medical errors can result in wrongful death.
Workplace Accidents
Wrongful death from a workplace accident can occur due to faulty equipment, improper training, illness due to an unsafe environment, fires, and explosions. Other job accidents that can result in wrongful death include exposure to dangerous chemicals and falling debris.
Defective Products
Product liability claims are another common type of accident that leads to wrongful death. For this type of claim, the responsible party can be manufacturers, suppliers, distributors, and retailers who manufacture or sell defective products. These cases may include design defects, manufacturing defects, and failure to warn customers of defects.
Review Your Wrongful Death Claim With Our Attorneys
Our wrongful death attorneys are here to help after a fatal accident. We are dedicated to providing compassionate and effective legal services for those who have suffered wrongful death at the hands of another. Our team has over 20 years of combined experience in this area, has a track record of success, and we will work tirelessly on your behalf until justice is served.
If you’ve been looking for an attorney that can provide legal counsel with compassion, look no further than our personal injury law firm. Contact our team of lawyers today so we can discuss how we may be able to help you during this difficult time. You deserve nothing less than top-notch representation and fair compensation when it comes to seeking justice for your loved one’s untimely death – call 720-770-5454 to schedule a free consultation.