Compassionate Legal Representation For Spouses, Children & Qualified Heirs

Denver Wrongful Death Attorney

If your loved one has departed due to an accident where another person is at fault or is negligent, call our law firm and we'll help you get your rightful compensation. 

Wrongful Death Attorney Denver

Did you suffer an injury after a car accident? Or did you lose a loved one due to a car accident or workplace accident? If these are true, you don’t just let it go. Wrongful death occurs when a person dies of a cause that is the fault of another person. A common scenario is when a person dies after a car accident and the other is at-fault. It could be that the other driver is drunk, driving while texting, or simply reckless in his actions.

If you’ve experienced any of these scenarios, do not hesitate to contact wrongful death attorneys.  As experts in wrongful death claims in Denver, Colorado we can be your trusted attorneys.

A personal representative of the victim’s estate may bring a lawsuit for wrongful death on behalf of the immediate family members. It is usually the surviving spouse who will receive the monetary compensation, then the children if there is no spouse, and lastly, the parents if there are no other survivors. Contact our wrongful death attorneys in Denver today.

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Practice Areas

Did your loved one or a member of your family perished to a wrongful death? We specialize in the following areas and we'll help represent you in court.

Car Accidents

Car accidents involve collisions or incidents where automobiles are involved, resulting in injuries or damages to vehicles and individuals.

Motorcycle Accidents

Motorcycle accidents refer to collisions or incidents involving motorcycles, often resulting in severe injuries or fatalities due to the vulnerability of riders.

Truck Accidents

Truck accidents involve collisions or incidents where large commercial trucks are involved, often resulting in serious injuries or fatalities due to the size and weight of the vehicles.

Scooter Accidents

Bicycle accidents involve collisions or incidents where bicycles are involved, resulting in injuries or damages to cyclists and sometimes involving motor vehicles.

Pedestrian Accidents

Pedestrian accidents involve collisions or incidents where pedestrians are struck by vehicles, resulting in injuries or fatalities, often due to negligence on the part of drivers.

Bus Accidents

Bus accidents refer to collisions or incidents involving buses, such as public transportation or commercial buses, often resulting in injuries or damages to passengers and other vehicles involved.

Slip and Fall Accidents

Slip and fall accidents occur when individuals slip, trip, or fall due to hazardous conditions on someone else's property, potentially leading to injuries and liability claims against property owners.

Premises Liability

Premises liability refers to the legal responsibility of property owners or occupiers to ensure the safety of individuals who enter their premises.

Burn Injury

Burn injuries, whether mild or severe, can occur when skin or other tissues are damaged by heat, electricity, chemicals, or radiation.

Filing A Wrongful Death Case In Denver

A wrongful death claim operates very similar to a personal injury, except that the victim can no long represent himself by reason death. In this case, it is the surviving spouse or heirs will file for the claim to get the rightful compensation. 

Denver law dictates that during the first year, it is the surviving spouse who can file for the wrongful death claim. During the second year of the following year, other surviving descedent can file for the case. If you need help in Denver, you can always count on our wrongful death lawyers.  We can help represent your case and provide you with clarity throughout your legal journey. Contact us today.

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Wrongful Death Vs. Negligence

Wrongful death and negligence are related concepts but not identical. Wrongful death refers to a civil claim brought against a person or entity whose negligent, reckless, or intentional actions resulted in someone’s death. It is a specific legal cause of action seeking compensation for the survivors’ losses due to the death of their loved one.

Negligence, on the other hand, is a broader legal concept that refers to the failure to exercise reasonable care, resulting in harm or injury to another person. Wrongful death claims often involve allegations of negligence, as the plaintiff must demonstrate that the defendant’s negligent actions caused the death. However, not all negligence claims result in wrongful death lawsuits, as the outcome depends on the specific circumstances and legal requirements of each case.

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Frequently Asked Questions

Wrongful death refers to a legal claim brought against a person or entity whose negligent, reckless, or intentional actions resulted in someone's death. Essentially, it's a civil action seeking compensation for the survivors' losses due to the death of their loved one.

Wrongful death can occur in various situations, including but not limited to:

  • Accidents involving automobiles, trucks, or other vehicles due to negligence.
  • Workplace accidents caused by unsafe conditions or employer negligence.
  • Dangerous or defective products causing fatal injuries.
  • Criminal acts resulting in death, such as assault or murder.

In Denver, wrongful death cases may be filed by family members or representatives of the deceased individuals. First, if the spouse is alive, the spouse can file a wrongful death case within one year from the death of the deceased. Without the spouse, the children or the parents of the decease can file the case provided that they have met some criteria provided by law. We advise to consult with a qualified attorney specializing in wrongful death cases in Denver to determine eligibility and understand the specific legal requirements and procedures involved.

You can claim different types of damages in a wrongful death claim depending on several factors. The damages can include:

  • Economic damages
  • Pain and suffering and emotional stress
  • Loss of companionship
  • Exemplary damage

Gathering crucial evidence is essential for building a strong wrongful death case. Some important pieces of evidence to collect include are the following:

  • Medical records detailing the victim's injuries, treatment, and cause of death.
  • Accident reports, witness statements, and photographs from the scene of the incident.
  • Employment records, if the death occurred in a workplace accident.
  • Expert opinions or testimony to establish liability and quantify damages.
  • Financial records to demonstrate the financial impact of the death on the survivors.
  • Documentation of the victim's pain and suffering before their death, if applicable.

While this is not an exclusive list, it is important that you diligently gather relevant evidence and enlist the support of a qualified attorney. This helps you to effectively pursue justice and get the rightful compensation for your wrongful death claim.

Yes. You may recover non-economic damages such as grief, loss of companionship, impairment of the quality of life, inconvenience & emotional stress.

 

Punitive damages, often awarded in wrongful death cases, are intended to punish the defendant for egregious misconduct or gross negligence that led to the victim's death. Unlike compensatory damages, which aim to compensate the plaintiff for losses, punitive damages serve as a deterrent and send a message that such behavior will not be tolerated. They are awarded on top of compensatory damages and are based on the severity of the defendant's actions. Punitive damages are meant to discourage similar conduct in the future and provide a sense of justice to the plaintiff and the community.

 

Economic damages in a wrongful death case refer to financial losses incurred by the surviving family members because of the death of their loved one. These damages typically include quantifiable expenses and losses, such as:

 

  • Medical Expenses: Costs associated with medical treatment and care provided to the deceased before their death.
  • Funeral and Burial Expenses: Expenses related to arranging and conducting the funeral and burial services for the deceased.
  • Lost Income: The income that the deceased would have earned over their expected lifetime had they not died prematurely.
  • Loss of Benefits: Benefits such as pension plans, retirement savings, and healthcare coverage that the deceased would have provided to their family.
  • Loss of Services: The value of household services, childcare, and other contributions that the deceased would have provided to their family.
  • Loss of Inheritance: The value of the inheritance that the surviving family members would have received if the deceased had lived a normal life expectancy.

 

These economic damages are calculated based on the financial evidence presented in the case and aim to compensate the surviving family members for the tangible financial losses they have suffered due to the wrongful death of their loved one.

 

In Denver, Colorado, wrongful death claims are typically filed by immediate family members of the deceased, such as spouses, children, and parents. In some cases, other dependents or representatives of the deceased's estate may also be eligible to file a claim. It's essential to consult with an experienced attorney to determine eligibility and understand the specific legal requirements.

 

Criminal cases and wrongful death lawsuits serve different purposes and operate under distinct legal frameworks. Criminal cases are initiated by the government to punish individuals for violating criminal laws, while wrongful death lawsuits are civil actions brought by surviving family members seeking compensation for their losses due to the death of a loved one. While a defendant may face criminal charges and civil liability simultaneously, the outcomes and burdens of proof differ between the two types of cases.

In Denver, Colorado, the statute of limitations for filing a wrongful death claim is typically two years from the date of the deceased's death. However, there are exceptions and nuances to this timeline, depending on the circumstances of the case and the identities of the parties involved. It's crucial to consult with a knowledgeable attorney promptly to ensure that you meet all deadlines and preserve your right to seek compensation.

Filing a wrongful death lawsuit can provide several benefits for surviving family members. Firstly, it allows families to hold negligent parties accountable for their actions, seeking justice on behalf of their deceased loved one. Additionally, a successful lawsuit can provide financial compensation to cover various losses, including medical expenses, funeral costs, lost income, and emotional suffering. Moreover, filing a lawsuit can help prevent similar tragedies from occurring in the future by raising awareness and promoting accountability within the communicate.


There are specific rules that apply in terms of limitations for damages, especially when it comes to non-economic damages. C.R.S. § 13-21-203(1) limits damages resulting from wrongful death. Claims that have accrued after January 1, 2022 non-economic damages due a wrongful death of a loved one have been capped at $598,350.

However, if the court finds justification by clear and convincing evidence that greater economic damages are warranted, the damages maybe increased but cannot exceed $1,284,370. Claiming for damages can be a tedious and difficult journey for descendants, which is why it is essential to hire an accident attorney.

Economic damages for wrongful death in Colorado are designed to compensate survivors for financial losses resulting from the death of their loved one. These damages may include the following:

  • medical expenses incurred before the death
  • funeral and burial expenses, loss of financial support
  • loss of inheritance
  • other quantifiable monetary losses directly related to the death

Calculating economic damages requires a thorough assessment of the deceased person's financial contributions to the family, future earning potential, and other financial factors impacted by their death. Economic damages aim to provide financial stability and support to the survivors who have suffered tangible financial harm due to the wrongful death.

As of my last update, wrongful death settlements in Colorado are generally not subject to state income taxes. Colorado does not specifically tax compensation received in wrongful death settlements or judgments. However, it's essential to consult with a tax professional to understand the potential tax implications of a wrongful death settlement, especially regarding federal taxes or other financial matters. While Colorado typically does not tax wrongful death settlements, it's crucial to consider any potential tax obligations to ensure that survivors receive the full compensation they deserve without unexpected tax consequences.

Get in touch with a wrongful death attorney in Denver

Our wrongful death attorneys in Denver are experienced and trained in giving legal represetation for families of victims.

Phone: 720-370-7874‬

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