Denver Wrongful Death Lawyer
Colorado law grants individuals the legal right to seek justice after losing a loved one due to someone else’s negligence. Justice can come in the form of monetary compensation, and although no amount of money can replace such a devastating loss, it can equip families with a stable financial future.
Colorado Wrongful Death Case
Alpha Accident Lawyers specialize in wrongful death cases caused by personal injury accidents, and our Denver wrongful death lawyers maintain a 99% success rate in securing maximum settlements for clients.
We customize every wrongful death action to fit each client's preference, as every case is unique and requires comprehensive attention. From ensuring all documentation is filled out correctly to submitting legal paperwork before the statute of limitations expires to negotiating for maximum financial benefits, our Denver wrongful death attorneys handle all legal matters, relieving families of the stresses that can come with filing a wrongful death lawsuit.
Overcoming a family member's death is never easy. Please, know that our compassionate legal team is here to provide assistance and support. When you feel that you are ready, contact Alpha Accident Lawyers and we can begin discussing your case.Call for Your Free Consultation
What Are Wrongful Death Claims?
A wrongful death is when a victim passes away due to the negligence or wrongful act of another. A wrongful death claim is similar to a personal injury claim, as it is considered a civil action that allows the family of the deceased person to pursue damages from the liable party.
Wrongful death cases typically arise from accidental intent that is caused by a person or entity. For example, a motorist who is texting while driving and strikes a pedestrian would be guilty of negligence. Similarly, an accident caused by the city’s negligence to maintain safe roadways and repair broken streetlights could also be found at fault if a fatal crash occurred as a result.
Regardless of intent or who exhibited negligence, if another party displayed a disregard for another's safety, a wrongful death lawsuit can be filed and damages can be pursued by qualifying individuals.
How Long Do I Have to File a Wrongful Death Claim?
Alpha Accident Lawyers understands that filing a wrongful death claim may not appear to be a priority during such a devastating time. We also know that many are not familiar with the statute of limitations in Denver, CO. This state law limits how long someone has to file a wrongful death claim.
More specifically, in a Colorado wrongful death case, legal action must be filed within two years of the victim’s passing. However, if a government vehicle is involved in the accident, the timeframe can be reduced to just 180 days. The courts are very strict and often do not allow anyone to pursue damages once the statute expires.
In addition to the statute of limitations, it’s vital to consult with a wrongful death attorney as soon as possible. Waiting too long to file a wrongful death claim can result in losing valuable evidence, like a fresh account of witness statements or images displaying poorly maintained roadways that caused the fatal accident.
Ultimately, the sooner an experienced wrongful death attorney can begin working on a case, the stronger the case will be.
Who Can File a Wrongful Death Lawsuit?
State laws prioritize who can file a Colorado wrongful death lawsuit, as well as when he or she is eligible to do so. Therefore, the details of who can file a claim will vary in every wrongful death case. The details are outlined as follows:
- A surviving spouse may file a wrongful death claim within the first year of the death. Surviving spouses can claim compensation for loss of companionship and consortium.
- Surviving children can also claim compensation for losing a parent, but this can only be done in the second year after the death. Financial losses are typically claimed when there are minor children involved.
- Parents can also recover compensation if the deceased person did not have a surviving spouse or children. A wrongful death claim can only be filed in the second year.
- A representative of the victim’s estate can file a “survival action.” This is a civil lawsuit intended to recover damages that resulted between the date of injury and death.
- Other dependents can also file a wrongful death claim under certain circumstances. That family member will also be required to abide by the state’s filing qualifications.
A Denver wrongful death attorney will address any uncertainties surrounding claim eligibility. If you have questions, our law firm has answers. Contact Alpha Accident Lawyers and schedule a free consultation when you are ready to begin discussing such details.
Compensation in a Wrongful Death Case
In wrongful death cases, claimants have the opportunity to recover losses that correlate with a decedent's passing. This comes in the form of “damages,” all of which can vary.
This can be associated with monetary loss before the death occurred, like medical bills if the victim was being treated in a hospital. Examples also include:
- Other related medical expenses (home care nurse, medications, etc.)
- Lost wages if work was missed
- Loss of future earnings that would have been earned
- Funeral expenses and burial costs
- Loss of benefits, like health insurance
Also taken into account are intangible variables, like emotional distress. These types of damages do not have a specified dollar value but are still considered valuable. Loss of companionship is a major form of non-economic damage, as surviving family members are left without care, assistance, and guidance.
Also referred to as exemplary damages, this is not based on recovering compensation. Instead, punitive damages further punish the at-fault party for particularly egregious negligence or wanton conduct, like drunk driving. It was designed with the intent to make an example of the guilty party and prevent the act from occurring again.
Common Causes of Wrongful Death Accidents
Fatal accidents occur due to a number of reasons. While there are “common causes,” anytime another person’s negligence is at the root, a civil lawsuit can be filed. Most Colorado wrongful death accidents are caused by the following:
- Car accidents: reckless driving, speeding, drinking and driving, driving under the influence of other substances, fatigued driving
- Motorcycle accidents: motorists in passenger vehicles not watching for blind spots or switching lanes without signaling
- Truck accidents: a trucking company not enforcing federal and state laws or truck drivers operating their vehicles recklessly
- Bicycle accidents: motorists swerving into bike lanes or car dooring
- Pedestrian accidents: motorists running stop signs or speeding through pedestrian crosswalks
An entity, like a city organization or government, can also be named in a wrongful death suit. Colorado is obligated to maintain the upkeep of public roads, including traffic sign appearance, street lights functionality, and driveability on highway surfaces. When this is neglected, the government entity can be held legally responsible for a wrongful death accident.
Denver wrongful death attorneys from Alpha Accident Lawyers can go over the facts and confirm all case details.
How a Denver Wrongful Death Lawyer Proves Negligence
The wrongful death lawyers from Alpha Accident Lawyers offer their knowledge and resources to assist families pursue compensation from the liable party.
When filing wrongful death lawsuits, it must be determined that “negligence” played a role. In order to accomplish this, the following four factors must be presented:
- The defendant owed a duty of care to the victim to act in a reasonable manner.
- The defendant breached the duty of care.
- The defendant's breach caused the accidental death.
- The victim's death resulted in damages.
If these elements can be proven, surviving family members can seek compensation from the responsible parties. Our legal team is not only capable of accomplishing this, but we have the track record to prove it. Contact us, so we can begin assisting you with your wrongful death claim.
Why Alpha Accident Lawyers
Once you’re ready, we will officially become your legal representatives. Our success rate of 99% confirms that we know how to win. We promise to provide quality service with no upfront costs. When partnering with Alpha Accident Lawyers, clients can also expect the following benefits:
- 100% free case evaluation and 0 obligations to retain our services
- Collection of evidence and in-depth investigation into the accident, establishing the cause of death
- Calculation of economic damages and non-economic damages to determine case value
- Aggressive negotiation practices to recover maximum compensation
- Litigation and trial experience, should the case go to court
- Around-the-clock support, with representatives available 24/7 to answer legal questions
During the free case evaluation, we will explore all available legal options. It is also important that we maintain full transparency, so we are honest in our assessment of case value. Our legal team will always advocate in each client's best interest, so it is important that we address all expectations from the start.
Contact Alpha Accident Lawyers
In the event of an untimely death of a loved one, the responsible party needs to be held accountable. Alpha Accident Lawyers is here to help grieving families obtain the compensation they deserve.
If you lost a loved one due to another party’s recklessness or negligence, please know that we are here to help. To learn more about our services and the claims process, contact our Denver office and schedule a free case evaluation.START YOUR FREE CONSULTATION
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