Best Wrongful Death Lawyers in Denver

About Wrongful Death Law in Denver, United States

Wrongful death law provides a legal path for the survivors and the estate of a deceased person to recover money damages when the death was caused by another party's wrongful act, negligence, or intentional conduct. In Denver, wrongful death claims are governed by Colorado state law and are brought by the personal representative of the decedent's estate. These claims are civil in nature and are separate from any criminal charges that may arise from the same event.

Cases that commonly give rise to wrongful death claims include motor vehicle collisions, medical malpractice, workplace fatalities, defective products, premises liability incidents, and deaths caused by intentional wrongdoing. The goal of a wrongful death action is to compensate survivors for losses caused by the death rather than to punish the wrongdoer - although punitive damages may be available in limited circumstances.

Why You May Need a Lawyer

Wrongful death cases are legally and emotionally complex. You may need an experienced attorney when:

- The cause of death and fault are disputed or unclear and require investigation and expert witnesses.

- The at-fault party is a corporation, health care provider, government entity, or insurer with significant resources.

- You must preserve evidence quickly, obtain medical records, accident reports, and other documentation, or secure scene evidence.

- The case involves complicated damages calculations, including loss of financial support, lost household services, loss of care and companionship, future earning potential, and funeral expenses.

- Comparative fault is an issue and the deceased may be partially to blame, which could reduce or bar recovery without effective legal strategy.

- Multiple potential defendants exist and claims must be asserted against the correct parties within strict deadlines.

- You need help negotiating with insurers, evaluating settlement offers, or preparing for trial if settlement is not possible.

Local Laws Overview

Key legal points relevant to wrongful death claims in Denver and Colorado include:

- Statutes Governing Claims - Colorado wrongful death and survival actions are governed by state statutes. A wrongful death claim is brought by the personal representative of the decedent and is intended to compensate survivors for their losses.

- Who May Recover - Colorado law generally allows spouses, children, parents, and any other persons dependent on the decedent to recover for pecuniary losses. The estate, through the personal representative, brings the claim on behalf of these beneficiaries.

- Survival Actions - Separate from wrongful death claims, survival actions allow the decedent's estate to recover losses the decedent suffered before death, such as pain and suffering, lost earnings up to the time of death, and medical expenses. The estate collects these and then distributes proceeds to beneficiaries according to law or the will.

- Statute of Limitations - Colorado typically requires wrongful death claims to be filed within a statutory period. The time limit is generally two years from the date of death for wrongful death actions, but there are important exceptions and potential shorter notice requirements when a government entity is involved.

- Governmental Claims - If a government entity or public employee is involved, special notice and shorter filing deadlines under Colorado law may apply. Those requirements differ from standard civil courts and must be followed precisely or the claim can be barred.

- Comparative Fault - Colorado applies comparative fault principles. If the deceased or a claimant is found partially at fault, the recovery may be reduced in proportion to the fault. If fault meets or exceeds the statutory threshold, recovery can be barred.

- Damages - Recoverable damages often include economic losses such as lost earnings and support, funeral and burial expenses, and medical bills. Non-economic losses such as loss of companionship and consortium may also be recoverable. Punitive damages are limited and reserved for egregious conduct.

- Insurance and Liability Limits - Many wrongful death claims involve insurers. Policy limits, liability exposure, and subrogation claims can affect recovery. Understanding insurance coverage and how it applies to each defendant is critical to maximizing recovery.

Frequently Asked Questions

What exactly is a wrongful death claim?

A wrongful death claim is a civil lawsuit brought after a person dies because of another party's wrongful act, negligence, or intentional conduct. The claim seeks to compensate the decedent's survivors or estate for losses caused by the death, including economic and non-economic damages.

Who is allowed to file a wrongful death lawsuit in Denver?

In Colorado the personal representative of the decedent's estate initiates the wrongful death action. The beneficiaries who may recover typically include the surviving spouse, children, parents, and any persons who were dependent on the decedent. The personal representative brings the suit on behalf of those beneficiaries.

How is a wrongful death different from a survival action?

A wrongful death action compensates survivors for losses caused by the decedent's death, such as lost financial support and loss of companionship. A survival action belongs to the decedent's estate and seeks damages the decedent could have recovered had they lived, such as pain and suffering before death and medical expenses incurred prior to death.

How long do I have to file a wrongful death claim?

Colorado generally imposes a two-year statute of limitations for wrongful death claims measured from the date of death. Exceptions and special notice requirements can change the deadline - for example, claims against government entities may require much shorter notice periods. It is essential to consult an attorney promptly to avoid losing your right to sue.

Do criminal charges affect a wrongful death case?

Criminal prosecution of a defendant is separate from a civil wrongful death claim. A criminal conviction is not required to bring a civil claim, and civil cases can proceed regardless of criminal outcomes. A criminal conviction might strengthen the civil case, but the civil standard of proof is lower - preponderance of the evidence - compared to beyond a reasonable doubt in criminal court.

What types of damages can survivors recover?

Survivors may recover economic damages such as lost income and benefits, loss of future support, medical and funeral expenses, and loss of household services. Non-economic damages may include loss of companionship and consortium. In rare cases involving egregious conduct, punitive damages may be awarded to punish the wrongdoer and deter similar behavior.

How is fault determined, and what if the deceased was partly at fault?

Fault is determined based on evidence, witness testimony, expert opinions, and applicable laws. Colorado follows comparative fault principles; if the decedent is found partially at fault, a percentage reduction applies to the recovery. If the decedent's fault meets or exceeds the statutory threshold, recovery may be barred.

What if the at-fault party is a government entity or employee?

Claims against government entities or public employees are subject to special rules and notice requirements under Colorado law. You may need to file a written notice of claim within a strict time period before bringing a lawsuit. Failure to meet these requirements can prevent you from pursuing compensation, so contacting an attorney quickly is crucial.

How long does a wrongful death case usually take to resolve?

There is no set timeline. Some cases settle in months when liability is clear and parties agree on damages. Complex cases involving multiple defendants, disputed liability, or extensive damages often take a year or more and may proceed to trial. The case duration depends on investigation needs, negotiations, discovery, expert testimony, and court scheduling.

How do attorneys typically charge for wrongful death cases?

Many wrongful death attorneys work on a contingency-fee basis, meaning they are paid a percentage of any recovery and charge no fee if there is no recovery. Fee percentages and cost arrangements vary, so discuss fees, who pays litigation expenses, and how those costs are handled during the initial consultation. Also ask about the attorney's track record handling wrongful death matters.

Additional Resources

When you need more information or assistance, consider reaching out to these types of local and state resources:

- Colorado Judicial Branch - information on local courts, filings, and civil procedures in Denver.

- Colorado Bar Association and Denver Bar Association - directories to find attorneys and information on attorney qualifications and ethics.

- Colorado Department of Regulatory Agencies - for complaints or information about licensed health care providers.

- Colorado Crime Victim Compensation Program - financial help for certain expenses in criminally caused deaths.

- Legal Aid organizations and pro bono clinics in Colorado - for low income or limited means individuals who need legal assistance.

- Occupational Safety and Health Administration and Colorado Division of Workers' Compensation - for work-related fatalities and workplace safety matters.

- Local law enforcement agency records divisions and the Denver coroner or medical examiner - for investigative reports and official cause of death records.

Next Steps

If you believe you have a wrongful death claim in Denver, consider these practical next steps:

- Seek legal advice quickly. Consult an attorney experienced in wrongful death and trial practice to evaluate the strength of your case, critical deadlines, and legal options.

- Preserve evidence. Keep any physical evidence, photographs, texts, emails, or other records that relate to the incident. Document what happened while memories are fresh and get witness names and contact information.

- Gather documents. Collect the decedent's death certificate, medical records, police and accident reports, employer records, income documents, bills related to incident or treatment, marriage and birth certificates, wills, and insurance policies.

- Be cautious with insurers. Insurers may contact you early after a death. Do not give recorded statements or accept settlement offers without consulting an attorney who can advise on the value of your claim.

- Ask the attorney important questions. During your initial meeting, ask about experience with wrongful death claims, fee structure, likely claims and defendants, expected timeline, potential recovery, and steps the lawyer will take to investigate and preserve claims.

- Understand your goals. Think about what compensation or outcomes you need - covering funeral expenses, financial support, holding a wrongdoer accountable, or ensuring changes to prevent future harm - and communicate those goals to your lawyer.

Wrongful death matters are emotionally difficult and legally complex. Prompt action and experienced legal counsel can protect your rights and help survivors recover appropriate compensation while navigating the legal process in Denver and Colorado.