Best Wrongful Death Lawyers in Aurora
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Find a Lawyer in Aurora1. About Wrongful Death Law in Aurora, United States
Wrongful death law in Aurora operates as a civil claim filed by the decedent’s estate or eligible family members when a death results from another party’s negligence, recklessness, or intentional harm. In Colorado, the primary framework is the Wrongful Death Act codified in the Colorado Revised Statutes as Title 13, Article 21. These statutes set who can sue, what damages are recoverable, and how the case proceeds in civil court.
Ultimately, a wrongful death case seeks to compensate survivors for measurable losses such as medical expenses incurred before death, funeral costs, lost financial support, and sometimes non economic harms like loss of companionship. Colorado also recognizes a separate survival action, which captures the decedent’s own damages before death, and the two actions function together in many Aurora cases. Understanding both actions helps survivors pursue full and fair compensation.
The Wrongful Death Act allows certain heirs to recover for losses suffered by the decedent’s death, while survival actions seek damages from the decedent’s viewpoint if the death occurs after an injury.
Colorado General Assembly - Wrongful Death Act overview
For Aurora residents, these statutes apply regardless of a strict city boundary, as wrongful death law in Colorado is state law. The local court handling your case will follow Colorado rules of civil procedure, judge decisions, and applicable statutes of limitation. Always verify the current text of the law on official state resources to ensure you have the most precise, up to date information.
Key sources for the statutory framework include official state resources: the Colorado General Assembly and the Colorado Judicial Branch provide the authoritative texts and court guidance. See official links in the Additional Resources section for direct access.
2. Why You May Need a Lawyer
Wrongful death matters involve complex issues of liability, damages, and procedural deadlines. In Aurora, a qualified attorney helps you navigate local courts and state statutes while protecting your family’s rights.
- Auto or motorcycle crashes on I-225, E-470, or local streets that caused a death
- Medical malpractice resulting in death at an Aurora hospital such as UCHealth facilities nearby
- Workplace or industrial fatalities at nearby facilities or distribution centers
- Distracted driving or impaired driving incidents leading to death
- Loss of financial support for dependents and challenges in proving economic damages
- Disputes among surviving family members about who has standing to sue
In these cases, an attorney helps determine which party bears fault and what a fair settlement or trial verdict should cover, including future earnings and funeral costs.
A lawyer can assess whether negligent care contributed to death and explore claims against hospitals, physicians, and other providers under Colorado law.
Workers' compensation interacts with wrongful death claims, and a lawyer can identify when additional legal theories apply and ensure all potential recoveries are protected.
When negligence is clear, an attorney helps gather evidence, negotiate with insurers, and pursue appropriate civil remedies alongside any government investigations.
A lawyer can quantify future lost earnings, dependency values, and costs for funeral expenses with expert help, ensuring a comprehensive claim.
An attorney clarifies who may file a claim and how to coordinate multiple beneficiaries, reducing internal conflict and delays.
3. Local Laws Overview
Colorado wrongful death matters in Aurora are governed by state level statutes and procedural rules. The primary statute is the Wrongful Death Act, but related provisions cover survival actions and timing considerations for filing. Always verify the current language and any recent amendments on official state sites.
- Colorado Revised Statutes Title 13, Article 21 - Wrongful Death - The central wrongful death framework describing who may sue and what damages are recoverable. Official source: Colorado General Assembly https://leg.colorado.gov
- Colorado Revised Statutes Title 13, Article 20 - Survival Actions - Addresses damages that accrue to the decedent's estate for acts that caused injury prior to death. Official source: Colorado General Assembly https://leg.colorado.gov
- Colorado Rules of Civil Procedure - Govern procedures for wrongful death and survival actions in Colorado courts, including pleadings, discovery, and trial preparation. Official source: Colorado Judicial Branch https://www.courts.state.co.us
Recent changes to statutes or rules are published by the Colorado General Assembly and the Colorado Judicial Branch. When researching, consult the official state resources for the latest language and deadlines. The following government and official organization sites are useful starting points for up to date information: Colorado General Assembly and Colorado Judicial Branch.
Colorado wrongful death statutes are periodically updated to reflect changes in liability standards and damages rules; check official sources for current text.
Colorado General Assembly and Colorado Judicial Branch
4. Frequently Asked Questions
What is a wrongful death action in Colorado?
A wrongful death action allows eligible survivors to seek compensation for losses caused by another party’s negligence or intentional harm that led to death.
How long do I have to file a wrongful death case in Colorado?
The deadline is governed by Colorado statutes; missing the deadline can bar the claim. Consult an attorney as soon as possible after death to protect your rights.
What damages can be recovered in a wrongful death case?
Possible damages include medical costs before death, funeral expenses, lost financial support, and in some cases non economic losses for survivors.
Who can file a wrongful death claim in Aurora?
Usually the decedent’s spouse, children, or other lawful heirs have standing to file, depending on the decedent’s family situation and estate. An attorney can clarify who is eligible.
Do I need to go to court for a wrongful death case?
Many cases settle out of court after negotiations with insurers or defendants. Some cases proceed to trial if a fair settlement cannot be reached.
What is the difference between wrongful death and a survival action?
Wrongful death seeks damages for survivors after the death, while a survival action seeks damages the decedent could have pursued had they lived, typically for medical bills and pain and suffering prior to death.
How much does a wrongful death attorney cost in Colorado?
Most Colorado wrongful death attorneys work on a contingency basis, meaning fees are paid from any settlement or award. Ask about rates and their percentage before proceeding.
Do I need to hire a local Aurora attorney?
A local attorney understands Aurora court practices, local insurers, and nearby medical facilities, which can help streamline the process.
What evidence is important in these cases?
Evidence includes accident reports, medical records, expert evaluations, witness statements, and financial documentation of losses.
Can mediation or settlement be encouraged in these cases?
Yes, most wrongful death matters are resolved through negotiation or mediation before trial, but a strong readiness to go to trial can support a favorable settlement.
How do I choose the right wrongful death attorney in Aurora?
Look for experience with state wrongful death cases, local court familiarity, clear communication, and transparent fee structures during an initial consultation.
5. Additional Resources
- Colorado General Assembly - Official source for the text of Colorado Revised Statutes, including Title 13 Article 21 on Wrongful Death. https://leg.colorado.gov
- Colorado Judicial Branch - State courts information, Civil Rules of Procedure, and resources for litigants in Colorado. https://www.courts.state.co.us
- National Center for State Courts - Legal resources and best practices for wrongful death and civil litigation across states, including Colorado. https://www.ncsc.org
6. Next Steps
- Collect and organize all death related documents, including the death certificate, autopsy report, medical bills, and any insurance communications. Timeline: within 1-2 weeks after death if possible.
- Identify potential wrongful death attorneys in Aurora using referrals from trusted sources and initial consultations. Timeline: 2-3 weeks.
- Schedule a confidential consultation with 2-3 lawyers to discuss facts, possible claims, and funding options. Timeline: 2-4 weeks after choosing candidates.
- Prepare a list of questions about fees, anticipated timelines, and strategy. Bring key documents to the consultation. Timeline: at the first meeting.
- Decide on legal representation and sign a retainer agreement if you are comfortable with the attorney. Timeline: within 1-2 weeks after the consultations.
- Work with your attorney to gather expert opinions and obtain necessary records for the case. Timeline: ongoing over 1-6 months depending on evidence complexity.
- Monitor deadlines and participate in settlement discussions or trial preparation as directed by your attorney. Timeline: varies by case but expect several months to a few years.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.