Losing a loved one due to someone else’s negligence is devastating. Families face emotional pain, financial burdens, and the challenge of seeking justice. A wrongful death claim can help hold responsible parties accountable and provide compensation for medical expenses, lost income, and funeral costs.
Navigating a wrongful death case is complex. Insurance companies and defendants often fight these claims aggressively. To ensure your rights are protected, seeking legal guidance from a wrongful death lawyer in Denver is essential.
What Is a Wrongful Death Claim?
A wrongful death claim is a lawsuit filed when a person dies due to negligence, recklessness, or intentional misconduct. It allows surviving family members to seek compensation from the responsible party.
Common Causes of Wrongful Death Claims
- Car and Truck Accidents – Reckless driving, speeding, distracted driving, or DUI can lead to fatal crashes.
- Medical Malpractice – Misdiagnosis, surgical errors, or improper treatment can result in preventable deaths.
- Workplace Accidents – Unsafe conditions, lack of training, and equipment failures can lead to fatal injuries.
- Defective Products – Malfunctioning machinery, unsafe drugs, or faulty vehicle parts can cause deadly accidents.
- Nursing Home Neglect – Poor care, abuse, or medical negligence can result in fatal consequences for elderly residents.
- Criminal Acts – Assault, homicide, or other violent crimes can lead to civil wrongful death claims.
Who Can File a Wrongful Death Claim in Colorado?
Colorado law allows specific individuals to file a wrongful death lawsuit:
- First Year After Death – The spouse has the exclusive right to file.
- Second Year After Death – The spouse, children, or designated beneficiary can file.
- If No Spouse or Children – The deceased’s parents may file.
A wrongful death lawyer in Denver can help determine eligibility and guide families through the legal process.
How a Wrongful Death Lawyer in Denver Can Help
Wrongful death claims involve legal complexities that require professional legal assistance. A lawyer can provide the following support:
1. Investigating the Case
A strong case requires solid evidence. A lawyer will:
- Collect medical records, accident reports, and witness statements.
- Work with forensic experts and accident reconstruction specialists.
- Gather surveillance footage, photos, and relevant documentation.
2. Proving Negligence
To win a wrongful death claim, you must prove:
- The defendant owed a duty of care.
- The defendant breached that duty through negligence.
- The breach directly caused the death.
- The family suffered financial and emotional damages.
3. Handling Insurance Companies
Insurance companies often try to minimize or deny payouts. A lawyer will:
- Manage all negotiations and communications.
- Reject low settlement offers.
- Fight for full compensation covering all damages.
4. Calculating Compensation
Wrongful death compensation may include:
Economic Damages:
- Medical bills incurred before death.
- Funeral and burial expenses.
- Lost income and benefits.
Non-Economic Damages:
- Pain and suffering of surviving family members.
- Loss of companionship and emotional support.
- Mental anguish and distress.
Punitive Damages:
In cases of gross negligence or intentional harm, courts may award additional compensation to punish the responsible party.
5. Representing Families in Court
If a fair settlement cannot be reached, a wrongful death lawyer in Denver will take the case to trial and present strong evidence before a judge or jury.
Colorado’s Statute of Limitations for Wrongful Death Claims
Colorado law requires wrongful death claims to be filed within two years of the person’s death. Missing this deadline may result in losing the right to seek compensation.
There are exceptions in cases involving criminal acts, fraud, or delayed discovery of negligence. A lawyer can determine the specific deadlines applicable to your case.
What to Do If You Suspect Wrongful Death
If you believe your loved one’s death resulted from negligence:
- Gather Documentation – Keep records of medical treatment, accident reports, and communications related to the incident.
- Do Not Speak to Insurance Adjusters – Insurance companies may try to settle quickly for less than what you deserve. Avoid making statements or accepting offers without legal counsel.
- Consult a Wrongful Death Lawyer in Denver – A lawyer can assess your case, explain your rights, and guide you through the legal process.
Conclusion
Losing a loved one is a painful and overwhelming experience, but seeking justice can provide closure and financial stability. A wrongful death lawyer in Denver can:
- Investigate the case and collect evidence.
- Prove negligence and hold the responsible party accountable.
- Negotiate with insurance companies to ensure fair compensation.
- Represent families in court if necessary.
If your loved one’s death was caused by someone else’s negligence, you do not have to go through this process alone. Contact a wrongful death lawyer in Denver today to protect your family’s future and seek the justice your loved one deserves.
