Denver Wrongful Death Lawyer: Finding Justice After a Tragic Loss

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.

Alpha Accident Lawyers specializes in wrongful death cases caused by personal injury accidents. 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 personal injury lawyer handles all legal matters, relieving families of the stresses of filing a wrongful death lawsuit.

Overcoming a family member's death is never easy. Know that our compassionate legal team is here to provide assistance and support. When you feel ready, contact Alpha Accident Lawyers, and we will begin discussing your case. 

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What Are Wrongful Death Claims?

A wrongful death is when a victim passes away due to the negligence or wrongful act of another. Wrongful death claims are similar to personal injury claims, as they are considered civil lawsuits that allow the family member 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 texting while driving and striking a pedestrian would be guilty of negligence. Similarly, an accident caused by the city’s negligence in maintaining safe roadways and repairing broken streetlights could also be found at fault if a fatal crash occurred.

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 qualifying individuals can pursue damages. Keep in mind that a civil claim like this does not result in criminal prosecution.

Who Is Eligible to File a Wrongful Death Claim?

Colorado state laws prioritize who can file a 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:

• Only the spouse may file a wrongful death case within the first year of the person's death. Surviving spouses can pursue 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 does 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 wrongful death law firm has answers. Contact Alpha Accident Lawyers and schedule a free consultation when you can begin discussing such details.

Common Types of Wrongful Death Cases

Fatal accidents occur due to several reasons. While there are “common causes,” anytime another person’s negligence is at the root, a civil lawsuit can be filed. Most wrongful death accidents are caused by the following:

• Motor vehicle accidents
• Medical malpractice
• Workplace accidents
• Product liability

An entity, like a city organization or government, can be named in a wrongful death suit. Colorado must 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 review the facts and confirm all case details.

The Wrongful Death Lawsuit Process

The wrongful death process begins with a consultation with our law firm to discuss your case and determine the best course of action. If the claim is valid and negligence is involved, the lawyer will conduct a thorough investigation, gather key evidence, and identify the responsible parties to build a strong case on your behalf.

Then, a complaint will be filed with the court, and the defendant will be served with a summons. 

The case will proceed through discovery, settlement negotiations, mediation, and potentially trial.

Damages in a Wrongful Death Lawsuit

In wrongful death cases, claimants have the opportunity to recover losses related to a decedent's passing. These losses come as “damages,” which can vary. 

Economic Damages

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 income
• Loss of future earnings that would have been earned
• Funeral expenses and burial costs
• Loss of benefits, like health insurance

Non-Economic Damages

Intangible variables, like emotional distress, are also taken into account. These 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.

Punitive Damages

Punitive damages, also referred to as exemplary damages, are not based on recovering compensation. Instead, they further punish the at-fault party for particularly egregious negligence or wanton conduct, like drunk driving. They were designed to make an example of the guilty party and prevent the act from occurring again.

The Importance of Hiring a Wrongful Death Lawyer

The loss of a loved one is one of the most heartbreaking and difficult experiences anyone can endure. When someone else’s negligence causes that death, it is even more devastating. 

While no amount of money can bring your loved one back, getting justice can help to provide a sense of closure, hold the responsible party accountable, and offer financial support during an incredibly challenging time.

Before filing a lawsuit on your own, it is best to speak to Denver wrongful death attorneys. Attorneys have the experience and knowledge to maximize your chances of a fair outcome. 

Here are more reasons why you should hire Denver wrongful death lawyers to represent you. 

• Expert knowledge of wrongful death law in Colorado 
• 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 if the case goes to court

Having a lawyer will save you time and money. Don’t wait until it’s too late – speak to a lawyer when you’re ready. 

How to Calculate the Value of a Wrongful Death Claim

Wrongful death settlements and jury awards can vary significantly based on the specific circumstances surrounding the case and the impact on the surviving family members. Several factors influence the amount awarded in a settlement or jury verdict.

These factors may include, but are not limited to:

• The deceased’s age, income, and life expectancy
• The deceased’s health before their death 
• The deceased’s position in the family (primary income source or caregiver)
• The deceased’s education and training 
• Whether the deceased had children that depended on them
• Emotional damages suffered by the surviving family members 
• The type of accident (medical malpractice, product liability, motorcycle accident) 
• The severity of the defendant’s negligence

Is There a Cap on Wrongful Death Damages in Colorado?

Currently, Colorado law caps non-economic damages in wrongful death cases at $250,000. 

However, starting January 1, 2025, the cap on damages for non-economic loss or injury will increase from $250,000 to $1.5 million. 

The cap does not apply to economic damages, such as lost wages. 

Beginning in 2028, the cap on non-economic damages will be adjusted for inflation. 

Collecting Evidence for a Wrongful Death Case

The following evidence can be used to prove a wrongful death:

• Death certificate
• Medical records
• eyewitness testimony
• Employment and financial records
• Police report
• Expert witness testimony
• Physical evidence 

Collecting evidence is crucial in building a strong wrongful death claim. When you hire a wrongful death attorney, the attorney and their legal team can help gather and preserve evidence that can be used to establish the other party's negligence or intentional behavior. 

Evidence can also be used to calculate the damages owed to the surviving family members. 

How Long Do I Have to File a Wrongful Death Claim?

The statute of limitations in Denver, CO, 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 time frame can be reduced to 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.

Contact a Denver Wrongful Death Lawyer Today

In the event of a loved one's death, the responsible party needs to be held accountable. Alpha Accident Lawyers are here to help grieving families obtain the fair 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 law office and schedule a free initial consultation.

Alpha Accident Lawyers
Located at: 1630 Welton St, Suite 917, Denver, CO 80202
Call us: (720) 799-9986