Wrongful Death Lawyers Denver

Upset Woman Dealing with Wrongful Death

We don't have to tell you that losing a loved one is difficult. Losing a loved one due to the negligence of another person or entity is physically and emotionally draining on all levels.

During one of the most traumatic experiences you can face, it's essential to know your legal rights and how to pursue a case for justice and compensation. Although compensation won't fix everything, your loved one deserves justice, and you deserve peace of mind and payment for the pain and suffering caused.

Individuals in Colorado need to know that there are restrictions on who can legally file a lawsuit and the time frame in which they can do so. Consulting with an experienced wrongful death lawyer in Denver is critical for ensuring that the person or entity responsible is held accountable.

What You'll Learn:

What is a Wrongful Death Claim?

A wrongful death lawsuit is a type of personal injury claim. The main difference is that in a wrongful death claim, the loved ones bring the claim forward, unlike in a personal injury claim where the injured person is the one making a claim.

Holding Hands to Comfort Someone Who Has Lost a Loved One

Wrongful death lawsuits are filed when someone dies due to the negligence or misconduct of another person or entity. For example, vehicle accidents, workplace accidents, and medical malpractice are common situations where wrongful death lawsuits arise.

This type of lawsuit allows survivors to seek justice and gives them a chance to obtain compensation for the loss of their loved one, lost wages, funeral expenses, and more, depending on the situation.

All wrongful death cases must meet specific criteria. Not all deaths qualify, even some accidental deaths don't.

Colorado's Wrongful Death Statute

The wrongful death statute of limitations, or the time limit, for filing a lawsuit varies from state to state. In Colorado, a deceased's parent, spouse, or child must file their wrongful death lawsuit within two years of the victim's passing. If not filed within the time frame, it's considered a lost case.

Colroado flag

However, there are exceptions to this rule.

For example, if the deceased died because of a car collision, the family would have three years to file a claim. The two-year statute is also often extended if the defendant attempts to hide evidence or facts.

Wrongful death lawsuits are only an option if the deceased could have filed a personal injury lawsuit had they survived. Additionally, there's only one wrongful death claim permitted for each wrongful death case.

Economic damages, such as medical bills and funeral costs, have no cap in Colorado wrongful death claims. However, non-economic damages, such as pain and suffering, have limits on the compensation awarded.

For instance, pain and suffering are capped at $250,000, plus inflation. However, there are instances where pain and suffering caps at $300,000 and with convincing evidence, even $500,000.

Wrongful Death Statute of Limitations by State

Who Has the Right to File a Wrongful Death Lawsuit in Colorado?

Again, each state has its own laws and guidelines for filing wrongful death claims and when. In Colorado, these parties have the right to file claims: 

  • Spouses - The victim's significant other holds the most power in bringing forth a claim,

  • Children - The children also have powerful rights in filing claims. However, in Colorado, if a spouse is present, they must consent to the children filing.

  • Siblings and Parents - These parties have fewer rights than the two above. In Colorado, these parties must be the next living kin to file wrongful death lawsuits.

  • Estate Representative - There are instances where an estate representative must file a wrongful death claim.

family placing flowers on grave

In Colorado, there are also limitations to who can bring forth a wrongful death claim. Within the two years after the wrongful death, only a spouse can file a claim. The children can also file a claim with the consent of the spouse.

If there isn't a spouse, the children have the right to file a claim, as does the designated beneficiary. If there's not a spouse or children, then the parents can file a claim within the time frame of two years.

What Are the Different Types of Wrongful Death Lawsuits?

From manslaughter to murder, it's often hard to differentiate wrongful death cases from accidents. Unfortunately, four common wrongful death cases in Denver are sometimes overlooked as accidents.

Careless DUI

DUI Wrongful Death

More than 10,000 people die every year from drunk driving accidents. If your loved one was innocently killed in a drunk driving accident you may have a wrongful death claim. In DUI or reckless driving wrongful death cases, negligence is automatically presumed.

The driver is not the only one held accountable. The bar or restaurant that served them the alcohol may also be liable for injuries or deaths the drunk driver caused. If you have lost someone you love in a drunk driving accident, a wrongful death claim can get you the financial compensation you deserve.

Defective Products

When product safety isn't a concern, someone has to be held responsible. The manufacturers' job is to ensure all products go through a quality check and are safe for the public. 

Examples of Defective Products: 

  • Defective vehicles (airbag didn't deploy, recalls)

  • Pharmaceuticals

  • Toxic food containers and products

  • Dangerous toys/childcare products

Vehicle Accidents

Wrongful death from auto accident

Vehicle accidents include car, motorcycle, and truck incidents. Each accident leaves survivors with different outcomes. For example, wrongful death cases involving car accidents usually result from reckless driving, road defects, speeding, or impaired driving.

When a semi-truck accident is determined to be the cause of a wrongful death case, there are numerous ways the incident could have occurred. For instance, the driver was driving with an overweight load, they failed to signal or follow road signs, mechanical defect, or driving while under the influence of drugs or alcohol.

Workplace Accidents

OSHA enforces workplace safety in all industries, but accidents happen. If your loved one got hurt through no fault of their own at work, you might have a right to a wrongful death claim.

Examples of Wrongful Death in the Workplace: 

  • Slip and fall accidents

  • Transportation accidents

  • Manufacturing accidents

  • Asbestos and Mesothelioma

Depending on the industry, many different incidents result in wrongful death claims in Denver.

What is the Difference Between Malpractice and Wrongful Death?

It's easy to see why malpractice and wrongful death are often confused.

Medical malpractice is when the negligence of a healthcare worker causes the patient harm. Wrongful death is when the patient dies due to a wrongful act, carelessness, or negligence.

gavel with stethoscope

Medical malpractice can happen at any point in the diagnosis, treatment, or follow-up. For example, malpractice could be surgical errors, delayed treatment, or medication errors. Malpractice specifically addresses medical negligence, while wrongful death encompasses all deaths.

Medical malpractice can lead to wrongful death. Malpractice lawsuits generally seek compensation for related medical incidents. Plaintiffs can also sue for wrongful death when they want compensation for pain and suffering, funeral and burial insurance, or loss of guidance or nurturing.

If you're unsure of whether to file a malpractice or wrongful death lawsuit, contact us, and we'll go through the details of your case.

Proving Negligence in a Wrongful Death Case

judge for wrongful death case

As previously mentioned, it's often hard to establish wrongful death and accidents. SO, how do you prove wrongful death?

It's all about the evidence. The ones who bring forth the claim must meet the same types of burden of proof required of the victim (if they were still alive). In addition, there are specific criteria that the plaintiff needs to meet to have a valid wrongful death lawsuit.

Negligence – the person bringing forth the claim must prove the death was caused by a negligent act, recklessness, or carelessness on behalf of the other person or entity.

Breach of Duty – What is the duty of the party at fault? Did the manufacturer of a product breach its duty by not ensuring safety? Did a doctor fail to give the person the care they needed? Whatever the situation, you must prove that the other party breached their duty.

Causation – This is where the plaintiff must prove that negligence and breach of duty caused the death of the victim.

Damages – What are the quantifiable damages from this case? The following section goes into detail on what damages you can claim in a wrongful death case.

What Damages Can Be Claimed in a Wrongful Death Case

There are different categories of damages in wrongful death cases; however, they generally fall into two more significant categories.

Wrongful death financial damages

One permits recovery of damages, meaning the time the victim spent suffering up until death.

The second category covers the losses by the loved one after the victim's death.

Examples of Damages Awarded in Wrongful Death Claims: 

  1. Hospitalizations

  2. Pain and suffering of the victim before their death

  3. Medical expenses

  4. Burial and funeral costs

  5. Loss of income and potential earnings

  6. A loss of protection, guidance, and inheritance

  7. Loss of benefits

  8. Loss of inheritance

  9. Loss of companionship

What is the Average Settlement for Wrongful Death Lawsuits?

Each wrongful death lawsuit is unique. Everything from the situation to the evidence presented affects the settlement received from wrongful death lawsuits.

While it's near impossible to guess the average settlement, some factors can help you determine the amount. Understanding these factors, and talking through them thoroughly with a wrongful death lawyer, can help you receive the maximum amount for your claim. 

wronful death settlement

  • Insurance policy limits

  • Age of the victim

  • Earning potential of the victim

  • Medical bill costs related to the illness or injury

Settlements with these factors in mind can range from thousands, tens of thousands, to several million dollars depending on the severity of the claim.

Filing Your Wrongful Claim in Denver: How to Do it & What to Expect

Here's the general process for how to file a wrongful death claim in Colorado: 

Building the Case – During the first year after the victim's death, the spouse can file a wrongful death lawsuit. If there is no spouse, the children can file. It is best to work with a Denver wrongful death lawyer from the beginning to enhance your chances of compensation.

filing a wrongful death claim

Proving Wrongful Death – Colorado law allows a wrongful death lawsuit when the incident meets specific criteria. Meeting with a Denver wrongful death lawyer can help you determine if the death is from recklessness, negligence, or intentionally.

Meet Deadlines – It's vital that you file within two years of your loved one's death. Even missing the filing date by one day can be dismissed in court.

File the Lawsuit – A loved one must file a complaint, and then a copy of that document must be presented to the responsible party—called the defendant. Typically, you must file the complaint in the state and district in which the defendant lives. In addition, the complaint document must list specific information, or a judge may dismiss the case.

If you haven't yet, consult with a wrongful death lawyer in Denver. It's important to seek legal guidance as soon as possible when filing your wrongful death claim.

Should You Hire a Denver Wrongful Death Lawyer for Your Claim?

A wrongful death lawyer in Denver specialized explicitly in these cases and has in-depth knowledge of Colorado laws. Expertise in this area of law is precious to your case because it can help you gather the evidence you need to build a strong lawsuit.

Hiring an injury attorney for wrongful death

It's vital that you meet deadlines, follow the guidelines, and have the correct paperwork, or you will jeopardize your lawsuit. Remember, wrongful death lawsuits are very time-consuming and complex. A wrongful death lawyer can help sort through the details and save you a significant amount of time, stress, and money.

Additionally, a lawyer knows the value of your claim and will consider all the aspects such as pain and suffering, loss of income/earnings, funeral expenses, medical expenses, and much more.

Filing a claim after a loved one has passed is difficult. It's emotionally challenging to have to relive a loved one's unforeseen death. Plus, proving negligence can be tricky. A lawyer can help take some of the burdens off your shoulders and make things right.

Key Takeaways: What You Need to Know About Your Wrongful Death Case

  1. Only certain people are allowed to file claims. Since wrongful death claims are not the same as personal injury claims and must be filed by someone other than the victim, there are limitations to who can file. While this right varies based on state laws, in Colorado, the spouse and children hold the most power to file a wrongful death claim.

  2. You only have two years to file. There is a limit on time if a plaintiff decides to file for wrongful death. You have two years from the date of death to take action.

  3. Compensation can be substantial. While money doesn't make the hurt go away, it does help serve justice. If wrongful death is proven and the victim had significant earning potential, the compensation received could be massive.

  4. Wrongful death claims usually settle. Although, there are few instances where wrongful death lawsuits see a jury—usually, the parties involved in the case settle.

Wrongful Death Lawyer Denver FAQ

In wrongful death cases, there are a few questions that all plaintiffs have. Here are the most frequently asked questions regarding wrongful death:

The liable party's insurance company pays for a wrongful death lawsuit. If uninsured, they are personally responsible for the damages.

There are two ways to pay wrongful death settlements in Denver. Through structured payments or a lump-sum payout. Lump-sum payouts are common when the case settles outside of court.

Some states have a cap on wrongful death compensation. In Colorado, $250,000 to $500,000 is the cap.

Our fees are contingency-based, so you pay nothing upfront and a percentage only if we win the case. So it costs you nothing up front, and there is no hourly fee. Based on your unique case and the awarded settlement, we will discuss reasonable compensation.

As previously mentioned in this article, you have up to two years after the death of a loved one to file a claim. The first year is limited to spouses filing a claim or children if there is no spouse.

In most cases, wrongful death settlements are not taxable. However, if the case goes to trial, there are instances where the compensation may be taxable.

A wrongful death settlement in Colorado can take two to four years to resolve completely. Having an experienced wrongful death lawyer in Denver often helps speed up the process.

Suppose you think you have a wrongful death case. In that case, it's essential to contact an experienced wrongful death lawyer in Denver as soon as possible. Having the details of your case early will allow for the best chance of obtaining justice and compensation.

In addition, a lawyer who specializes in wrongful death will be able to tell you if you have a case and how much compensation you may be eligible to receive.

Get a free consultation by contacting our team of Denver wrongful death attorneys.