Wrongful Death Representation In Denver
When negligence or an intentional act causes someone’s death, the surviving family of the victim can file a wrongful death claim against the responsible party. Wrongful death laws provide a way for survivors of the deceased to seek compensation for their suffering and hold the responsible party accountable for their negligent actions. Colorado has specific wrongful death statutes that regulate what qualifies as wrongful death, who has a legal right to file a wrongful death lawsuit, and what forms of compensation are available for survivors.
If you have lost a loved one in a tragic accident, you may be able to file a wrongful death claim against those responsible. Balaban Law is dedicated to supporting survivors of a wrongful death by helping them navigate the process of filing their claim and fighting with integrity to ensure they receive the compensation they deserve.
What Is A Wrongful Death Claim?
In Colorado, a wrongful death claim is a civil lawsuit that attempts to establish the liability of one person or company for the death of an individual. These claims can be filed against any person, company, or governmental agency that are responsible for another person’s death. In order to establish liability in a wrongful death lawsuit, the claimant must prove that the death was caused by the negligence, recklessness, or intentional behavior of another person or entity.
Wrongful death claims can be filed when a victim who would otherwise have a valid personal injury claim is killed as a result of another individual’s wrongful action, and are usually filed by a representative of the deceased person’s estate on behalf of surviving family members. Any accident or injury that would form the basis of a personal injury case may also form the basis of a wrongful death suit, including:
- Car Accidents
- Medical Malpractice
- Workplace Accidents
- Defective Products
- Truck Accidents
- Pedestrian Accidents
- Motorcycle Accidents
In order to hold the responsible party liable in a wrongful death claim, the claimant or representative must meet the same burden of proof that the victim would have had to meet if they had lived. This is done by showing that the defendant owed the victim a duty of care and breached this duty, directly resulting in the victims’ death.
Filing A Wrongful Death Claim In Denver
Colorado law specifies who can file a wrongful death claim, and they also apply strict time limits to each party’s ability to file a lawsuit in court. In Colorado, the surviving spouse of a deceased person is the only person who may file a wrongful death claim in the first year after death. During the second year, both the surviving spouse and the surviving children of the deceased are allowed to file a claim. If the deceased person left no surviving spouse or children, the deceased’s parents are allowed to file a wrongful death claim at any time.
Wrongful death claims in Denver are considered civil cases, which means that they must be filed by the family or estate representative directly and that liability is expressed in terms of monetary damages. In accordance with Colorado statute of limitations, all wrongful death lawsuits must be filed within two years of the date of death.
Compensation For Wrongful Death
Wrongful death claims are brought in civil court and resolved through monetary means, otherwise known as damages. Compensation in a wrongful death case is necessary to help the surviving family members handle the financial burdens left behind after the death of their loved one. In Colorado wrongful death cases, monetary damages are assessed by a jury, or by the judge if a jury is not present. The specific amount of damages that could be awarded to survivors in a wrongful death case depends on the particular aspects of the case. Surviving family members who file a wrongful death lawsuit in Colorado can seek damages for losses such as:
- wages and other compensation that the deceased would have earned
- benefits lost as a result of the death, such as life insurance
- loss of companionship or consortium
- medical, hospital, and emergency care expenses related to the deceased
- funeral and burial expenses
In some cases, the family of the deceased may also be able to seek punitive damages. Punitive damages in wrongful death claims are not based on the losses suffered as a result of the death, but are instead meant to punish the responsible party for their reckless behavior and to deter others from acting in similarly
How A Denver Wrongful Death Attorney Can Help
Working with an experienced personal injury attorney who specializes in wrongful death can help you navigate the difficult process of filing your claim in Denver. Having a dedicated personal injury attorney on your side to handle the meticulous aspects of your wrongful death case, such as gathering supporting documentation for your claim and ensuring the claim is filed on time, can allow you the space and time needed to mourn your loved one. At Balaban Law, we pride ourselves on giving your case the same personal attention and care that we would give our own affairs.
The Denver Firm offers free consultations to help survivors understand the wrongful death claims process and to determine how best to pursue your claim. If someone you love was killed due to someone else’s negligence, call us at 303-377-3474 or contact us online for your free consultation. Our attorneys work on a contingent-fee basis, which means you don’t pay unless we recover on your loved one’s behalf.