Wrongful Death Lawyers in Denver, CO
Losing a loved one is devastating, and it often cruelly comes with many expenses—for final hospital stays, funeral services, and more. In Colorado, if a fatality was caused by someone’s negligence or intentional action, you may be able to pursue a legal claim to seek compensation for these and other costs.
To find out more, contact Flaxman Law Group for a free consultation by calling us at 970-999-0530. Consult with wrongful death lawyers in Denver, CO, to find out if you have a claim.
Common Types of Wrongful Death Cases in Denver, CO
Not every death can result in a wrongful death claim. You need to be able to show that wilful action or negligence led to the fatality, which is why wrongful death claims usually arise because of:
- Traffic accidents. Vehicle accidents, including motorcycle crashes, car accidents, and truck collisions, are one of the most frequent causes of wrongful death, since these cases often involve negligent drivers, speeding, texting, or driving under the influence.
- Medical malpractice. If a healthcare professional fails to provide the proper standard of care, resulting in a patient’s death, it may be considered medical malpractice. Diagnosis delays, surgical mistakes, or medical errors can all lead to wrongful death claims.
- Workplace accidents. Fatalities can occur in work environments ranging from construction sites to libraries. Any workplace can expose workers to toxic substances that result in occupational illnesses and most workplaces contain machinery or conditions that can lead to fatal accidents. In some cases, workers’ compensation will provide death benefits to grieving families, but wrongful death claims are possible in some workplace accidents.
- Product liability. If a defective product leads to someone’s death, the manufacturer or seller may be held responsible. Faulty cars, unsafe toys, contaminated food, and other unsafe products have all resulted in wrongful death claims.
- Premises liability. When someone dies due to unsafe conditions on someone else’s property—like inadequate security, slippery floors, or poorly secured pool areas—the property owner may be liable. This can happen in places like malls, hotels, or private homes.
- Criminal acts. If a person is killed due to criminal activity such as assault or murder, the family of the victim may pursue a wrongful death claim in addition to or instead of any criminal charges.
- Drowning incidents. Cases can arise when a person drowns because a lifeguard wasn’t present at a pool or because a boat operator was negligent on a boat tour.
- Nursing home abuse. If an elderly resident dies due to neglect or abuse in a nursing home, the facility and staff may be held responsible in a nursing abuse claim.
Even if you’re not sure whether your situation could lead to a wrongful death claim, it’s worthwhile to speak with wrongful death lawyers in Denver, CO so you understand all your options. That way, you can make a decision based on facts.
Common Causes of Wrongful Death Cases in Denver, CO
Wrongful death cases usually happen when someone is fatally injured or harmed on purpose. Common injuries that lead to wrongful death claims include:
- Traumatic Brain Injuries (TBIs).
- Internal organ damage.
- Spinal cord injuries.
- Birth injuries.
- Severe burns.
- Drug overdoses.
It may not always be obvious when you have a wrongful death case. For example, if a loved one died due to a drug overdose, you may not realize that you may have a claim against anyone who supplied the drug or failed to supervise your loved one. This is why working with wrongful death lawyers in Denver, CO is so important—they may be able to see options you cannot see right now.
Understanding Wrongful Death Cases in Colorado
Filing a wrongful death claim in Colorado means filing a legal claim, in accordance with laws. In Colorado, you generally have two years from the date of death to file a wrongful death claim. It’s important to act quickly, as missing this deadline can prevent you from seeking compensation.
You must also submit all the correct paperwork. Since this is complicated, it’s useful to work with wrongful death lawyers in Denver, CO who can take care of these details for you.
If you’re considering a wrongful death claim in Colorado, it’s also useful to understand the role of this kind of claim. A legal claim allows you to address the economic side of your situation. It helps you pay for the expenses related to the accident or injury and allows you to think about the future, with the resources you need.
Secondly, a wrongful death claim can be a way to hold the responsible party accountable. While it cannot bring back your loved one, it can help you find a sense of closure.
Who Is Liable in Wrongful Death Claims?
Depending on the specific situation, here are some parties that could be liable in a wrongful death claim:
- Individuals. The most straightforward cases involve one person causing the death of another. For instance, if a driver causes a fatal car accident by running a red light, they could be held responsible.
- Employers. If an employee causes a death while doing their job, the employer may also be liable. For example, if a delivery driver is negligent and causes a fatal accident, the company that employs them could be held accountable. If an employee is fatally injured on the job, however, workers’ compensation laws may protect the employer from liability. In this case, workers’ compensation can help pay the bereaved family.
- Manufacturers. If someone dies due to a defective product—like a malfunctioning car part or unsafe medication—the manufacturer or company that sold the product might be responsible.
- Medical professionals. Healthcare providers can be liable if a patient’s death results from medical malpractice.
- Government entities. Sometimes, governments can be held responsible, especially in cases involving public safety. For example, if a poorly maintained road causes a fatal accident, the city or state could be liable.
- Property owners. If someone dies due to unsafe conditions on a property, the owner or landlord could be held responsible.
- Third parties. Third parties are those who were involved in the incident indirectly, such as a bystander whose actions led to the fatality.
In some cases, there may be multiple liable parties. For example, someone could have been harmed by abuse at a nursing home but then suffered complications due to an emergency room malpractice in the hospital. In such instances, you may be able to pursue all liable parties.
Understanding Negligence in Colorado Wrongful Death Cases
In Colorado, to win a wrongful death case you must show that the other party was negligent. This means proving that they had a duty to act safely, failed in that duty, and that this failure caused the death. For example, if a family member entered an unsecured pool area and drowned, you must show that the property owner had an obligation to visitors of the property, failed in that duty by not securing the pool area, and their actions caused the drowning.
It’s also important to understand that Colorado follows a “modified comparative fault” rule. This means the deceased was partially at fault for the accident, the compensation you receive may be reduced by that percentage. If they were more than 50% at fault, you cannot recover damages.
Compensation in Wrongful Death Claims
When you pursue a wrongful death claim, you can seek compensation for reasonable expenses related to the fatality. This means you can seek financial recovery for:
- Funeral and burial expenses, including costs such as caskets, services, cremation, the burial site, and any other related costs that come with saying goodbye to your loved one.
- Medical expenses a loved one incurred before passing away, such as hospital bills, doctor visits, and any other treatments related to their injury or illness.
- Lost income, benefits, and retirement contributions your loved one would have contributed as the primary breadwinner of your household.
- Pain and suffering, including the trauma you’ve suffered and the loss of companionship you’ve suffered because of your loss.
- Loss of household services, including any cooking, cleaning, or child care your loved one provided.
- Punitive damages, which financially punish the person who caused the fatality.
- The future financial income you expected a loved one to contribute to your life in the future.
- Counseling costs, if you need therapy or medical treatment for the grief.
How much you may be able to claim will depend on the circumstances that led to the loss, the financial impact of the loss on you and your family, and other factors. To find out how much your wrongful death claim could be worth, contact wrongful death lawyers in Denver, CO for a consultation about your specific situation.
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Who Is Eligible to Pursue a Wrongful Death Claim?
In Colorado, not everyone may be eligible to file a wrongful death claim. In these cases, it is usually the spouse who is eligible to file a wrongful death claim. If the deceased did not have a spouse, the biological or adopted children of the person who has passed can file the claim. In cases where there are multiple children, they may need to work together on the claim.
If there is no surviving spouse or children, the parents of the deceased can file a wrongful death claim. In some cases, if none of the above relatives are available, other family members may be eligible to file. This could include siblings or anyone who can show they had a close relationship with the deceased. However, it can be harder for other relatives to succeed in wrongful death claims, unless they were mentioned in the will as personal representatives who can file a claim on behalf of the estate.
Colorado Laws That Affect Wrongful Death Cases
In Colorado, there are statutes of limitations on wrongful death cases. In situations where a death is related to a personal injury claim—such as a vehicle accident—families usually have two years to file a claim. In hit-and-run accidents, families have more time. In situations where the liable parties include a government entity, families may have less time.
Fortunately, you don’t have to figure out Colorado’s laws by yourself. Working with wrongful death lawyers in Denver, CO means you can focus on yourself and your family while your attorneys take care of the details related to your claim. Your lawyers can explain the laws to you and can recommend a course of action that can help you secure justice and compensation.
What Our Denver Wrongful Death Attorneys Can Do for You
At Flaxman Law Group, our wrongful death lawyers explain your rights and the legal process, helping you understand what steps you need to take. They’ll make sure you know your options and what to expect, so you can make the decision that’s right for you and your family.
The team at Flaxman Law Group also have access to investigators, medical experts, accident reconstruction experts, and other professionals who can thoroughly investigate the circumstances that led to the death of your loved one. This helps our team uncover all possible liable parties and helps us build a strong case on your behalf.
The wrongful death lawyers at the Denver, CO offices at Flaxman Law Group also calculate your damages, negotiate with insurance companies on your behalf, represent you in court, and keep you updated about your case. We take care of all the details and answer all your questions, all while pursuing the compensation you deserve.
Best of all, the team at Flaxman Law Group understands this is a difficult time. That’s why show compassion and treat you like family—for us, that means being kind to you while pursuing your case aggressively so you get justice.
We’re there for you during the most difficult times. If you’ve lost a loved one, contact the Denver offices of Flaxman Law Group for a free case consultation with a wrongful death attorney. Just call us at 970-999-0530 to set up your consultation. Let’s talk about how you can move forward.
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