Denver Wrongful Death Injury Blog

Wrongful death is classified as any death directly or indirectly caused by reckless or negligence of another. There are two scenarios tied to wrongful death claims. In some instances, the victim is pronounced dead on the scene. In other cases, it may be months or even years before they pass due to complications or illnesses related to the initial injury. If this has happened to you, you may be wondering how you file a wrongful death lawsuit. In this article, you'll learn: Who can file a wrongful death claim? When can you file a wrongful death claim? How to file a wrongful death claim How statutes of limitation work How wrongful death settlements are calculated How wrongful death claims are paid out How long does it take to settle a wrongful death claim? Let's get started! Who Can File a Wrongful Death Claim?Each state has a specific protocol for determining who can file a wrongful death claim and collect benefits. An experienced attorney will help you choose the best course of action based on our state regulations. However, generally, the surviving spouse can file these claims and collect compensation from the responsible parties. If there is not a living spouse, children have the right to file wrongful death claims. If the children are minors, they're considered beneficiaries of the settlement, and a court-appointed guardian will represent them. If there is not a living spouse or children, the right to file goes to the deceased's parents. If there are no spouses, children, or parents, others may serve as administrators of the deceased's estate. When Can you File a Wrongful Death Claim?Depending on the state where you live or file the wrongful death claim, there are strict guidelines for when surviving spouses, children, or parents can legally file a wrongful death claim. For example, in Georgia, the deadline is two to seven years. However, in California, the filing deadline is two years from the date of the decedent's death. Aside from state guidelines on when to file, you also must have a situation that is considered wrongful death. Wrongful death claims are a type of personal injury claim, but you may have a stronger case if the situation is related to intentional killing, medical malpractice, or automobile accidents. When you discuss your unique situation with an experienced attorney, they can help determine if you have a strong wrongful death case. How to File a Wrongful Death Lawsuit?In times of trauma and grief, it's essential to know your legal right, especially when it comes to a life lost due to another person or companies' negligence. Filing a wrongful death lawsuit can vary by state. However, the process typically looks like this: The spouse, children, or parents must file a personal injury claim with a lawyer specializing in wrongful death claims. From there, the legal team begins building your case. During this phase, a lawyer will gather evidence against the party at fault to make your claim as strong as possible. The next step is negotiating a resolution. Again, your lawyer is there to ensure you receive fair compensation. Insurance companies typically offer a lower settlement initially, and your lawyer will attempt to receive a fair settlement without going to trial. If negotiations fail, your legal team then prepares for trial. Next, a discovery process happens for both you and the guilty party. This is often very invasive for grief-stricken survivors because the other party will dig into medical records, insurance records, accident reports, and more. Before going to trial, the judge often meets with both parties to see if a settlement can be agreed upon based on new evidence. If a settlement is still unresolved, you then argue your case before a judge or jury. How Statutes of Limitation WorkEach state has specific requirements for filing a wrongful death lawsuit. For example, some states will give survivors two years from the date of death—others allow a period of two to seven years. Regardless of the statutes of limitations, if you don't file within the time-frame, you lose your right to bring your wrongful death lawsuit to court. However, there are instances where courts allow an extended amount of time to file a claim. For instance, if the claim type is based on a homicide or murder, the statute of limitation cannot begin until the murderer is apprehended. If your loved one passed away from medical malpractice, then the statute of limitations may start when the cause of death is discovered, rather than the date of death. Not every tragic accident that results in death is considered a wrongful death. However, according to many statutes of limitations, the lawsuit must provide proof of wrongful death, proof that the deceased would have been awarded compensation in the lawsuit if they were alive, and conduct the amounts of negligence, wrongful act, and more. How are Wrongful Death Settlements Calculated?Unfortunately, there is no formula for determining wrongful death settlements. Several factors will affect the settlement. For instance, people sue for two types of damages in wrongful death cases—economic and non-economic damages. Economic damages include medical care, funeral expenses, and loss of financial support. This type of compensation serves as the money you had to spend as a direct result of a fatal situation. Non-economic damages are the compensation for physical and psychological distress. This includes pain and suffering, reduced quality of life, and loss of companionship. Economic and non-economic damages are considered when a settlement is agreed upon or when the claim goes to a jury. How Are Wrongful Death Settlements Paid Out?The guilty or at-fault party is responsible for all costs. Therefore, once the wrongful death claim settles, their insurance company will pay the entire settlement to your lawyer. Once your lawyer deducts their fees and other costs, you will receive a check for the remaining amount. This is often the best-case scenario. However, there are cases where the guilty party doesn't have insurance, or the check is given to the executor of an estate. For complicated cases such as these, it's essential to work with a trusted lawyer to ensure you receive full compensation. How Long Does it Take to Settle a Wrongful Death Claim?Just as there's no formula to determine a wrongful death settlement, there is also no specific way to estimate how long this type of claim will take to settle. There are cases where the survivors receive compensation within a few months. And there are other cases where it can take years to resolve. The length of your unique case depends on whom you are filing against, the type of wrongful death, and whether you have the right legal team to support you. For instance, those who choose to represent themselves will often settle faster because they take the first offer they receive from the insurance company. Settling a claim faster is not the best way to handle a wrongful death claim. Insurance companies are not looking out for you—they are looking out for them! Get Help from a Wrongful Death Lawyer in DenverIf your family member or loved one has passed away due to negligence or recklessness by an individual or company, you may have a wrongful death claim. There are specific guidelines for applying for a wrongful death lawsuit. Therefore, it's critical to consult with a reliable lawyer. Contact our Denver wrongful death lawyers today! 

The driver at fault in a fatal car accident, the bartender who served too much alcohol to a drunk driver, the doctor who didn't follow procedure—these are just a few instances why wrongful death claims exist. A wrongful death claim is filed by the survivors of a person who died due to the misconduct or negligence of another. This type of lawsuit is filed so that the survivors—spouse, children, parents, etc.—are properly compensated for funeral and burial expenses, medical expenses, lost wages, lost inheritance and more. Although statutes for wrongful deaths vary by state, they typically define who can sue for wrongful death and address any limits that apply. Keep reading as we discuss who can file a wrongful death claim, how long these claims take to settle, and more. Who Can File a Wrongful Death Claim?In most states, the beneficiary(s) who will be awarded compensation for the deceased are the ones who can file a wrongful death claim. Often, wrongful death claims can be filed by three different groups or persons—surviving children or spouse, parents, or the decedent's personal estate representative. For example, the wife or husband of the decedent is the surviving spouse that can sue. However, if it is the brother or sister of the decedent, they're only permitted to sue via estate. In most states, grandparents are not permitted to sue. Remember that wrongful death statutes vary by state. It’s best to know your state laws, or the laws of the state in which you plan to sue in. How Long Does it Take to Settle a Wrongful Death Claim?As with every legal case, each wrongful death case is different. There is not a set length of time in which a case will be resolved. Factors such as when the suit is filed, how it is ruled by the judge, and more can all vary based on circumstances. There are many wrongful death claims that are settled within a few months. However, in other cases, the lawsuit can last for years. On average, you can expect a wrongful death claim to be resolved within one to four years. To help speed the process up, insurance companies may offer defendants a settlement. This is often the fastest and best route for survivors because they avoid trial and additional pain and suffering that the opposing lawyer may bring about. However, it's always best to consult with an experienced attorney before accepting any settlement offers. Reasons Wrongful Death Settlements Drag OnThere are several reasons in which a wrongful death settlement will drag on:  The survivor did not initiate a claim within the necessary deadlines. The attorney and insurance company do not agree on a fair amount of compensation. If an agreement is not made, the case goes to trial. The defendant denies liability for the death. Lengthy investigations and interviews by lawyers and insurance companies. It's best to work with an experienced lawyer who has handled wrongful death cases. By knowing state specific laws, a reliable attorney can help review evidence from the beginning to help justify a fair compensation. If needed, they can also investigate the case for you and gather more evidence to prove liability of the guilty party. The better the lawyer, the shorter time you have to wait for compensation. Why You Shouldn't Rush to a SettlementAn insurance company does not have your best interest in mind. Insurance companies are trying to save as much money as possible on payouts. They do this through tactics like poor investigations, depreciated injuries, and hindered settlements. A tried-and-true method insurance companies use to exploit you is offering a much lower settlement than what the case is truly worth. They do this in hopes for you to rush to a settlement. However, rushing to a settlement typically obstructs you from receiving the compensation you deserve. Consulting with your attorney will help you make the best decision on whether to be patient or take the settlement. Allowing some time to pass before taking a settlement can give your lawyer time to investigate and possibly negotiate with the insurance company. Based on evidence, your lawyer can also submit counter offers to increase the value of your settlement.  Another reason you should never rush to a settlement is because once you accept a settlement, you cannot reopen the case. This means even if new evidence later arises, you have to take the settlement you agreed upon. How Much is a Wrongful Death Lawsuit Worth?How wrongful death is calculated is one of the most frequently asked questions among wrongful death claims. Unfortunately, there is no set formula for determining the worth and value of any wrongful death claim. It's entirely up to our legal team to prove that the defendant(s) was 51% liable for the death of your loved one. One reason many people lean towards settling their claim outside of court is because recoverable damages are based on several factors and are open to interpretation. What you can prepare for are the factors that affect compensation: Children who are now left without care and guidance. Medical bills. Potential pain and suffering. The degree of negligence. The earning capacity of the one who passed away. If your wrongful death claim goes before a jury, it's ultimately up to your attorney to prove wrongful death. Based on the case details and earning capacity of the deceased, juries are known to award large sums to survivors. Who Pays for a Wrongful Death Lawsuit?The insurance company of the party at fault must pay for wrongful death lawsuits. If the person is uninsured, they are personally responsible for bills related to the lawsuit. This will often lead to complications and delay in compensation because the guilty party may not be able to afford all of the money you're suing for. There are generally two types of damages people sue for in wrongful death cases – economic and non-economic damages. Economic damages include medical care, funeral expenses, and loss of financial support. This type of compensation serves as the money you had to spend as a direct result of a fatal situation. Non-economic damages are the compensation for physical and psychological distress of your loved one. This includes pain and suffering, reduced quality of life, and loss of companionship. The guilty party is responsible for all of these damages and should be held accountable. If you have a wrongful death claim, contact a reliable and experienced attorney. They can investigate your case, evaluate the damages, file the lawsuit, negotiate on your behalf, and advocate for you in the courtroom. Settle Your Wrongful Death Claim FastSettling a wrongful death claim can be stressful. A lot of victims take the settlement presented from insurance because they don't want to relive the case or deal with the challenges of lost income. However, it's in your best interest to speak with a wrongful death attorney before you make your final decision. Yes, wrongful death cases can take a while to settle, but with the right lawyer, the process can be expedited. Our team of attorneys has the knowledge and experience to get you the justice you deserve, in a timely manner. For a free consultation, contact one of our Denver wrongful death lawyers to find if you have a strong case and how long it may take to settle. 

A wrongful death case is classified as any death directly or indirectly caused by reckless or negligence of another. This accounts for whether the victim dies instantaneously or passes away months or years later due to complications related to the initial injury. According to the CDC (Center for Disease Control and Prevention), unintentional injuries are the fourth leading cause of death in the United States, with over 160,000 deaths attributed each year. The agency says the most common causes of wrongful death claims are: Vehicle Accidents Pedestrian and Bicycle Accidents Slip and Fall, or Being Struck By an Object at a Property Medical Malpractice Accidental Overdose or Poisoning Boating or Drowning Accidents Workplace Accidents or Illnesses Depending on your unique situation, you may have a wrongful death case for which you should be compensated. If so, keep reading to learn how to calculate wrongful death compensation, how they're paid out, and more. How is wrongful death compensation calculated?Trying to determine the price of a life is never easy. This is one reason it's best to work with an experienced attorney. They can help advocate and negotiate for you to ensure you get the fairest settlement possible. There are several factors to consider when calculating wrongful death compensation: The age and circumstances of the dependents of the deceased. The circumstances of the survivor submitting the claim. The income of the deceased. The earning capacity, education, and training of the deceased. The state of health of the deceased. The age of the deceased. The value of lost benefits such as health insurance, retirement, or pension. Medical expenses. Funeral expenses. The amount calculated will not be an estimate. Instead, it will be an amount supported with hard evidence and proof. Where Does the Money Come From?The money survivors receive from wrongful death cases comes from the at-fault party's insurance. Insurance companies provide liability coverage for individuals and entities for such tragic incidents. However, the insurance policy will have a limit amount – which means the insurance provider will not pay outside of that amount and the person or company is personally liable for other charges. If the person does not have insurance coverage, they are fully responsible for the judge or jury's settlement. They are also responsible for all legal fees of the survivors. Who Gets the Money in a Wrongful Death Lawsuit?Every state has laws that establish clear rules for the money in wrongful death cases. Although these laws vary, most state that any money received from a wrongful death case will be equally divided among the living spouse and children. If a child is a minor, the appointed guardian is responsible for handling their share of the settlement. For example, if the victim of the unnecessary death has a surviving partner but no children, then the spouse would receive all compensation from the claim. If the decedent had a surviving spouse and two children, each would receive one-third of the settlement. If there were no spouse but two surviving children, each child would receive half of the settlement. Some states have exceptions to how to divide compensation from wrongful death cases. For example, if the decedent passes away with no surviving spouse or children but has married parents, they will share the money equally. However, a judge determines how to split the money for unmarried or divorced surviving parents. The compensation from estate claims can be divided differently from wrongful death claims. Here's where an experienced lawyer can offer advice on proceeding with the claim and handling these complicated issues. How are Wrongful Death Settlements Paid Out?Wrongful death settlements are paid out in two ways—lump sum payment and structured settlements. How the settlement is paid depends on the parties involved in the case. Often, the defendant's circumstances dictate how the settlement will be distributed. For example, most defendants cannot financially pay thousands of dollars in a lump sum payment. Therefore, they will have to make payments over time, known as a structured settlement. If the settlement is covered entirely by the at-fault party's insurance provider, a lump-sum payment is likely. Insurance companies will often pay the settlement all at once rather than dragging it out. How Lump Sum Payments WorkA lump-sum payment is a settlement paid in full to the survivor(s), either by the defendant or their insurance company. If the survivors would rather have a structured settlement, they can put the money in a trust fund. Trust funds allow accounts to make scheduled payments over a more extended period. The benefits of receiving a lump sum payment from a wrongful death claim are that the survivors can quickly pay off the debt accrued during the lawsuit. Accrued debts may be funeral costs, medical bills, and legal fees. In addition, paying off debt helps eliminate interest accumulated by these debts. If the deceased were the family's primary financial support, some other financial losses and debts might come into play. When awarded a lump sum payment, the drawback faced by many is managing a large amount of money. In addition, if the survivors do not use the money as intended, debt will still accumulate after the money's gone. How Structured Settlement Work in Wrongful Death CasesA structured settlement in a wrongful death case is when the at-fault party pays the settlement in smaller payments to the survivors over a designated period. Both parties can agree on when payments will be made. Once the decision is made, it's unlikely that the terms will change. If preferred, survivors who receive a structured settlement can turn this type of settlement into a lump sum payment by selling their rights to future payments in an annuity. This requires court approval but often helps recipients who need an immediate larger payment for debts. The benefits of a structured settlement are that these payments provide long-term financial security and stability. If the deceased were the primary income earner, these payments would help the family stay afloat. A drawback to structured settlements is not paying debt immediately – unless going through the court as mentioned above. If debts are not paid immediately, interest will occur, making it harder to pay the debt off ultimately. Another drawback is not changing the terms of a structured settlement. If circumstances change for the survivor, they will have to deal with the structured settlement they agreed upon earlier. Survivors also risk the at-fault party not paying on time with structured settlements. But, again, this is an issue that an experienced lawyer can help handle in court or negotiations before the structured settlement is set in stone. Is the Settlement from a Wrongful Death Lawsuit Taxable?If payments are compensatory, the IRS states that most wrongful death settlements are non-taxable. Meaning the rewarded money is non-taxable if intended to account for the pain and suffering. However, if the compensation is intended to punish the at-fault party, the IRS may tax the settlement. A lawyer will ensure that any awarded compensation is clearly defined before settling a wrongful death claim. Ensuring your financial security and helping resolve any confusion in the future. How Long Does it Take to Get Paid Out?Each wrongful death case is different based on many circumstances. Factors such as when the suit is filed and how the judge rules it can vary based on circumstances. There is no set length of time when a judge will resolve a case. Many wrongful death claims settle within a few months. However, wrongful death lawsuits can often last for years. On average, you can expect a wrongful death claim to be resolved within one to four years. A wrongful death lawyer can help review your evidence and case in detail to determine the amount of payout you can expect and when. A lawyer can also provide legal advice and assistance throughout the process and act as your advocate to ensure fair commendation. Without an experienced lawyer on your side, your chances of receiving fair compensation are slim. Contact one of our Denver wrongful death lawyers today to get started. 

On April 14, 2021, Chad Hemmat won a $33,000,000 verdict in a jury trial for the wrongful death of a 30-year-old engineer from Aurora. The death arose out of a two-vehicle collision on September 1, 2019, where the negligent motorist was driving over 100 mph in a post 35 mph zone. The victim’s mother is reported to have now won the largest wrongful death jury verdict in the 18th Judicial District (Arapahoe and Douglas counties)  and thought to also be the largest wrongful death verdict in Colorado’s history. If you've lost a loved one due to a negligent motorist contact our Denver wrongful death lawyers today to start your free case evaluation.