Best Wrongful Death Lawyers in Grand Junction

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Grand Junction, United States

Founded in 2006
5 people in their team
English
Peters & Nolan, LLC is a boutique law firm based in Grand Junction, Colorado, specializing in personal injury and criminal defense. The firm combines more than 50 years of experience and has recovered millions for clients, building a strong local reputation on the Western Slope. It serves Grand...
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1. About Wrongful Death Law in Grand Junction, United States

Wrongful death is a civil lawsuit brought by survivors when a death is caused by another party's negligence or wrongful act. In Grand Junction, Colorado, these claims are governed by state statutes and are heard in the district courts within the 21st Judicial District. The case type typically includes both a wrongful death claim and, separately, a survival action on behalf of the decedent’s estate.

The Colorado statutes outline who may sue, what damages are recoverable, and how damages are distributed among survivors and the decedent’s estate. Damages commonly include economic losses such as lost wages, medical expenses, and funeral costs, as well as noneconomic losses like loss of companionship and mental anguish. The local court process in Grand Junction follows Colorado rules of civil procedure and applies the same substantive law across the state.

In practice, Grand Junction families work with local wrongful death attorneys to gather evidence, identify all eligible beneficiaries, and coordinate with medical and insurance records. The case proceeds through discovery, any mediation or settlement efforts, and may go to trial if a fair settlement cannot be reached. Understanding the specific Colorado law is essential because it defines who can sue and what damages may be claimed.

Key source: Colorado Revised Statutes govern wrongful death claims (CRS 13-21-201 et seq.), with procedures handled by Colorado courts in the 21st Judicial District based in Grand Junction. See official statutes and court information at the Colorado General Assembly and Colorado Judicial Branch websites. Colorado General AssemblyColorado Judicial Branch

2. Why You May Need a Lawyer

Car accident death in Grand Junction often involves multiple potential defendants, complex damages, and a two-year filing deadline. A lawyer helps identify all responsible parties, preserve evidence, and coordinate with experts to document economic losses and noneconomic harm. Local counsel can also navigate Mesa County court procedures and deadlines that affect your case.

A family member dies due to a hospital error at a Grand Junction facility, creating a medical malpractice-related wrongful death claim. An attorney can help determine if a survival action also exists and ensure compliance with any procedural requirements specific to medical malpractice cases in Colorado. The right attorney will connect you with local experts to assess causation and damages.

A death occurs on a Colorado roadway near Grand Junction involving a commercial vehicle. A wrongful death claim against the driver, carrier, and possibly governmental entities requires careful investigation of accident reports, trucking records, and potential insurance coverage. A local lawyer can coordinate with state investigators and prepare for negotiations or trial.

Death from a premises or product liability incident in Grand Junction may involve multiple defendants and insurers. An attorney helps identify all liable parties, determine the applicable statute of limitations, and pursue appropriate economic and noneconomic damages. Local knowledge is crucial to manage witness preservation and evidence collection in this setting.

When a death involves potential government liability, such as a city maintenance or road defect scenario, the case may fall under the Colorado Governmental Immunity Act. A Colorado attorney with Grand Junction experience will assess governmental defenses, eligible claims, and procedural steps to avoid premature dismissal. This area often requires specialized oversight and timely notice to governmental entities.

In all these scenarios, retaining a local wrongful death attorney ensures you understand the right beneficiaries, the typical timeline, and the courtroom expectations in Grand Junction. Local counsel can also help you evaluate initial settlement offers and protect family interests from lowball settlements. A qualified attorney typically works on a contingent fee basis, aligning their interests with your recovery.

Notes: If you are in Grand Junction or nearby Mesa or Delta counties, seek counsel with experience in the 21st Judicial District. See Colorado Judicial Branch for district court information and procedures. Colorado General Assembly provides the statutory framework for wrongful death actions.

3. Local Laws Overview

  • Colorado Revised Statutes (CRS) 13-21-201 et seq. - Actions for wrongful death: This set of statutes creates a right of action for certain survivors to recover damages caused by another party's wrongful act leading to death. It also defines who may sue and how damages are allocated. The statutes are periodically reviewed by the Colorado General Assembly and last amended on file with the official site. Colorado General Assembly
  • CRS 13-80-102 - Limitation of actions; personal injury, wrongful death: This statute generally requires claims to be filed within two years of the death or discovery of the cause. It is the standard deadline for wrongful death cases in Colorado, though tolling rules may apply in specific circumstances. Colorado General Assembly
  • CRS 24-10-101 et seq. - Colorado Governmental Immunity Act (CGIA): This act governs claims against government entities and may apply if a Grand Junction death involves a city, county, or state agency. It includes notice requirements, waivers of immunity, and procedural limits that can impact wrongful death and survival claims. Colorado General Assembly

Venue for wrongful death actions in Grand Junction is typically the Mesa County District Court, part of the 21st Judicial District. The court handles civil cases, including wrongful death and related survival actions. For official district court information, see the Colorado Judicial Branch site. Colorado Judicial Branch

Recent statutory framework remains stable with two primary deadlines and beneficiary rules that guide wrongful death litigation in Colorado.

Source: CRS 13-21-201 et seq. • CRS 13-80-102 • CRS 24-10-101 et seq. For official text, refer to the Colorado General Assembly and Colorado Judicial Branch.

4. Frequently Asked Questions

What is wrongful death, and who can sue in Colorado?

Wrongful death is a civil claim by eligible survivors for damages caused by another party’s wrongful act leading to death. In Colorado, eligible survivors typically include a surviving spouse, children, and certain dependent or surviving parents as defined by CRS 13-21-102 and related sections. The estate may also pursue a separate survival action for damages the decedent could have recovered.

How do I start a wrongful death case in Grand Junction?

Contact a local Grand Junction attorney who handles wrongful death matters. They will assess eligibility, gather evidence, and determine whether to pursue a wrongful death claim, a survival action, or both. The attorney will file the case in the Mesa County District Court and guide you through discovery, negotiation, and possible settlement.

When does the wrongful death statute of limitations run in Colorado?

Most wrongful death claims must be filed within two years from the death date, per CRS 13-80-102. Tolling rules may apply in certain circumstances, such as when a beneficiary is a minor or the defendant fails to disclose essential information.

Where should a Grand Junction case be filed?

Wrongful death actions in Grand Junction are typically filed in the Mesa County District Court, part of the 21st Judicial District. The court handles civil actions and sets schedules for discovery, hearings, and trials.

Why might I need a Grand Junction attorney instead of a distant firm?

A local attorney understands Mesa County court practices, judges, and local experts. They can coordinate with local accident reconstructionists, medical experts, and accounting professionals who are familiar with Colorado law and the 21st Judicial District.

Do I need to prove fault again in a wrongful death case after a traffic crash?

Yes. Colorado wrongful death actions require proof that the defendant’s fault or negligence caused the decedent’s death. This involves evidence like police reports, witness statements, and expert testimony on causation and damages.

Can funeral expenses be recovered in a wrongful death case?

Yes. Economic damages often include reasonable funeral and burial expenses, medical costs, and lost earnings. Your attorney will itemize these costs and present them as part of the damages claim.

Should I pursue a survival action as well as wrongful death?

Often yes. A survival action seeks damages the decedent could have claimed had they lived, such as medical expenses and pain and suffering. Colorado allows both wrongful death damages to survivors and survival damages to the estate.

Do I need to hire a Colorado attorney or a local Grand Junction attorney?

A local attorney is generally beneficial for venue familiarity, court rules, and local expert access. However, you may hire a firm with Colorado-wide experience if they have a local office or collaborate with local co-counsel.

How much does a wrongful death attorney typically charge in Grand Junction?

Most wrongful death lawyers work on a contingency fee basis in Colorado, meaning fees are paid from any recovery and only if a settlement or verdict is obtained. The exact percentage is negotiable, typically ranging from 25 to 40 percent depending on the stage of case and expenses.

Is there a damages cap in Colorado wrongful death cases?

Colorado generally does not cap damages in wrongful death cases, but medical malpractice related claims may involve specific noneconomic damage considerations under the medical malpractice regime. Discuss with your attorney how these rules apply to your case.

What steps are involved if a government entity is involved in the death?

If a city, county, or state agency may be responsible, the case may be subject to the Colorado Governmental Immunity Act. This requires notice to the entity and follows strict procedural rules. A Grand Junction lawyer can manage these requirements and deadlines.

5. Additional Resources

  • Colorado Judicial Branch - Official state court information about civil cases, court rules, and the 21st Judicial District in Grand Junction. https://www.courts.state.co.us
  • Colorado General Assembly - Access to the Colorado Revised Statutes, including CRS 13-21-201 et seq and CRS 13-80-102, governing wrongful death and limits on actions. https://leg.colorado.gov
  • Colorado Bar Association - Professional organization with resources for clients and guidance on selecting a qualified attorney in Colorado. https://www.cobar.org

6. Next Steps

  1. Gather immediate documentation within 1-2 weeks: the death certificate, police or incident reports, medical records, funeral/burial invoices, and any life insurance information.
  2. Identify potential survivors and beneficiaries to determine who has legal standing to pursue wrongful death actions in Colorado.
  3. Consult a local Grand Junction wrongful death attorney for a free case assessment and to discuss timelines, statutes of limitations, and possible claims.
  4. Have the attorney review all evidence and preserve key records, including accident photos, witness statements, and medical bills, to support damages.
  5. Decide on case strategy with your attorney, including whether to pursue wrongful death damages, a survival action, or both, and start the filing process within the two-year limit.
  6. Prepare for discovery, including expert consultations (e.g., accident reconstructionists, medical experts), if needed to prove causation and damages.
  7. Consider mediation or settlement discussions with all parties and insurers, with the attorney guiding negotiations and keeping family goals in mind.

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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.

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