The loss of a loved one is a trauma that defies description. When that loss is caused by the negligence or recklessness of another, the grief is often compounded by a burning sense of injustice. While no legal action or financial sum can ever truly compensate for a life taken too soon, the civil justice system offers a pathway for families to hold responsible parties accountable.
In Denver, a wrongful death lawyer serves as more than just a legal representative; they are a vital advocate who navigates the complexities of Colorado law to secure the financial stability your family needs to move forward. From investigating the cause of the tragedy to calculating long-term financial losses, an experienced attorney ensures that your loved one’s legacy is protected and that the negligent parties are forced to face the consequences of their actions.
Understanding Wrongful Death Claims in Colorado
A wrongful death claim is a civil action brought against a party whose wrongful act, neglect, or default caused a fatality. These cases are distinct from criminal proceedings. While the state may prosecute a driver or a negligent party for a crime, a wrongful death suit is filed by the survivors to recover damages for the losses they have suffered.
Common Causes of Fatal Negligence
Tragic fatalities can occur in various settings, and identifying the specific type of negligence is the first step in building a case.
- Motor Vehicle Accidents: Fatalities involving cars, motorcycles, and commercial trucks are among the most common. These often involve drunk or drugged drivers, excessive speeding, or distracted driving.
- Medical Malpractice: Negligence by healthcare providers, such as surgical errors, misdiagnosis, or medication mistakes, can turn a routine procedure into a tragedy.
- Workplace Accidents: Construction and industrial sites are high-risk areas. If an employer or equipment manufacturer fails to provide a safe environment, the consequences can be fatal.
- Premises Liability: Property owners who fail to maintain safe premises (e.g., inadequate security, swimming pool hazards, or fire code violations) can be held liable for deaths occurring on their property.
- Defective Products: From faulty automotive parts to dangerous pharmaceuticals, manufacturers are responsible for the safety of the products they release into the market.
Colorado’s Specific Filing Requirements
Colorado law is very strict regarding who can file a wrongful death claim and when they can do so. Understanding these windows of opportunity is critical, as missing a deadline can permanently bar your family from seeking justice.
The Two-Year Window and Eligibility
Colorado generally follows a two-year statute of limitations for wrongful death claims, starting from the date of the person’s death. However, the law further divides who can file based on the time passed:
- The First Year: During the first twelve months following the death, only the surviving spouse has the right to file. The spouse may also choose to join the deceased’s children in the suit or permit the children to file on their own.
- The Second Year: If the spouse does not file during the first year, the right expands to the surviving children or the deceased’s parents (if there is no spouse or child).
How a Lawyer Investigates and Establishes Negligence
Building a successful wrongful death case requires proving that the defendant’s actions were the direct cause of the fatality. This involves establishing four key legal pillars:
- Duty of Care: Proving the defendant had a legal obligation to act reasonably (e.g., a driver must follow traffic laws; a doctor must follow medical standards).
- Breach of Duty: Demonstrating that the defendant failed in that obligation through reckless or careless conduct.
- Causation: Proving a direct link between the breach of duty and the fatal injury.
- Damages: Showing that the death resulted in quantifiable losses for the survivors.
Gathering the Evidence
A Denver wrongful death attorney will deploy significant resources to gather evidence that might otherwise be lost. This includes obtaining police reports, analyzing medical records, securing surveillance footage, and hiring accident reconstruction experts. In cases of medical malpractice, they will consult with medical boards and independent physicians to pinpoint where the standard of care was breached.
See also: How Workers’ Compensation Lawyers Help You Secure Fair Benefits?
Calculating the Full Value of Compensation
One of the most complex tasks an attorney performs is calculating the “value” of a human life in the eyes of the law. This involves two main categories of damages.
One of the most complex tasks an attorney performs is calculating the “value” of a human life in the eyes of the law. At Lampert & Walsh, our team approaches this delicate process by meticulously evaluating two main categories of damages to ensure no loss is overlooked.
Economic Damages (Tangible Losses)
These are quantifiable financial losses that the family has incurred or will incur in the future:
- Medical and Funeral Costs: Every dollar spent on emergency care prior to death, as well as the cost of the funeral, burial, or cremation.
- Loss of Financial Support: This is often the largest portion of a claim. It involves calculating the income the deceased would have earned over their lifetime, including raises, bonuses, and retirement benefits.
- Loss of Services: This accounts for the tangible help the deceased provided, such as childcare, household maintenance, and guidance.
Non-Economic Damages (Intangible Losses)
These damages are more subjective but no less important. They compensate for the “human” side of the loss:
- Loss of Consortium: The loss of the unique relationship between spouses.
- Grief and Stress: The emotional suffering and mental anguish endured by the survivors.
- Loss of Parental Guidance: The emotional and developmental loss suffered by children who have lost a parent.
Navigating Legal Hurdles and Defense Tactics
Insurance companies and defense attorneys are often aggressive in their attempts to minimize payouts. They may use comparative negligence to argue that the deceased was partially at fault for the accident. Under Colorado’s “modified comparative negligence” rule, if the deceased is found to be 50% or more at fault, the family is barred from any recovery.
Furthermore, Colorado imposes damage caps on non-economic losses in certain cases, such as medical malpractice. An experienced Denver attorney knows how to structure your claim to maximize recovery within these legal parameters, ensuring that defense tactics do not undermine your family’s future.
The Litigation Process: From Filing to Trial
While many wrongful death cases are settled out of court through mediation, your attorney must be prepared to go to trial if the insurance company refuses a fair settlement.
- Filing and Discovery: Your lawyer files a formal complaint. This initiates the “discovery” phase, where both sides exchange evidence, take depositions (sworn testimony), and disclose expert witnesses.
- Settlement Negotiations: Most courts require mediation. Your lawyer will present the full scope of your evidence to pressure the defense into a fair offer.
- Trial: If a settlement is not reached, your case goes before a jury. Your attorney will deliver a powerful narrative of your loved one’s life, utilizing expert testimony and visual evidence to fight for a verdict that reflects the true magnitude of your loss.
Why Choosing the Right Representation Matters
Choosing the right attorney in a wrongful death case is essential because the process is both emotionally and legally challenging. A firm that combines strong legal resources with compassionate guidance and works on a contingency fee basis allows you to pursue justice without upfront financial strain. Holding the negligent party accountable not only seeks fair compensation but also honors your loved one’s memory and helps protect your family’s future.
