Best Wrongful Death Lawyers in Greenwood Village

About Wrongful Death Law in Greenwood Village, United States

Wrongful death claims arise when a person dies because of another party's negligence, recklessness, intentional act, or defective product. In Greenwood Village, Colorado, a wrongful death action is a civil claim brought to obtain compensation for harms that flow from the death. The purpose of a wrongful death action is not to punish criminal conduct - that is the role of the criminal system - but to provide financial recovery to surviving family members and to compensate the decedent's estate for losses such as medical and funeral expenses, loss of financial support, and loss of companionship.

Why You May Need a Lawyer

Wrongful death cases are emotionally difficult and legally complex. You may need a lawyer if any of the following apply:

• You need help determining who may bring a claim - states set rules on who is eligible to sue and how a claim is brought.
• Liability is disputed - an attorney can investigate fault, obtain evidence such as police and accident reports, surveillance footage, expert testimony, and witness statements.
• Insurance companies are involved - insurers commonly try to minimize payouts. Lawyers negotiate with insurers and can file suit if insurers refuse fair compensation.
• There are multiple defendants - claims against individuals, employers, product manufacturers, and government entities require different approaches.
• Medical malpractice or toxic exposure is suspected - those cases require expert medical proof and have special procedural rules.
• A government entity or employee may be responsible - claims against public agencies often require pre-suit notice and have shorter deadlines.
• Complex damages - calculating future lost earnings, loss of benefits, and non-economic losses like loss of companionship typically requires economic and life-care experts.
• You need to preserve evidence and comply with court rules and deadlines - attorneys know how to protect your case from avoidable procedural missteps.

Local Laws Overview

Greenwood Village is in Colorado and is subject to Colorado wrongful death and civil procedure law. Important local-law considerations include:

• Who may bring a claim - Colorado law limits who may recover and typically requires a personal representative or certain family members to pursue a wrongful death action on behalf of the decedent and the survivors.
• Two separate actions - many states, including Colorado, recognize both a wrongful death claim for survivors and a survival action on behalf of the decedent's estate to recover damages the decedent could have claimed if living. These actions can overlap and may be handled together.
• Statute of limitations - Colorado generally imposes time limits for filing wrongful death suits. These deadlines can be short and there are exceptions, so prompt action is important.
• Government claims - if a government entity or public employee is at fault, local rules often require a notice of claim to the agency within a short statutory period, commonly 180 days in Colorado. Missing that notice window can bar a lawsuit.
• Comparative fault - Colorado follows a comparative negligence system that reduces recovery when the decedent's own negligence contributed to the death. In certain cases, recovery may be barred if the decedent was more than a threshold percentage at fault.
• Types of recoverable damages - Colorado wrongful death claims typically seek economic losses such as medical bills and funeral expenses, loss of financial support, and noneconomic losses such as loss of companionship and consortium. Punitive damages may be available in cases of particularly egregious conduct, but they require a higher legal showing and are subject to special rules.
• Venue and local courts - wrongful death civil cases for Greenwood Village residents or occurrences in Greenwood Village are typically filed in the district court for the county with jurisdiction, often Arapahoe County or Denver metro courts depending on precise location and parties involved.

Frequently Asked Questions

What is the difference between a wrongful death claim and a criminal prosecution?

A criminal prosecution is brought by the state to punish criminal conduct, and it requires proof beyond a reasonable doubt. A wrongful death claim is a civil lawsuit brought by survivors or the decedent's estate to recover money damages, and it requires proof by a lower standard - typically a preponderance of the evidence. Both can proceed independently of one another.

Who can bring a wrongful death lawsuit in Greenwood Village?

State law defines who can bring a wrongful death action. Typically, claims are brought by a personal representative of the decedent for the benefit of certain family members, such as a spouse, children, or parents. If you are unsure whether you qualify, consult an attorney to review your situation and the relevant statutory rules.

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

Statutes of limitations set deadlines for filing wrongful death suits. In Colorado, these deadlines are finite and there are exceptions for special circumstances, including claims involving government entities or minors. Because missing the deadline can permanently bar a claim, you should consult an attorney promptly.

Can I sue if the death was caused by a drunk driver or a criminal act?

Yes. Even if a criminal defendant is charged or convicted, surviving family members can file a civil wrongful death action against the defendant and any other parties whose negligence contributed to the death, such as a bar, employer, or vehicle owner. A civil case addresses compensation, not criminal punishment.

What types of damages can be recovered?

Recoverable damages often include medical expenses incurred before death, funeral and burial expenses, loss of the decedent's expected financial support, loss of services, loss of companionship and consortium, and sometimes punitive damages in cases of intentional or grossly negligent conduct. An attorney can assess the damages specific to your case and explain how they are valued.

Do I need expert witnesses?

Many wrongful death cases require expert testimony to prove medical causation, accident reconstruction, future economic losses, or standard of care in professional negligence cases. An experienced attorney can identify and retain the appropriate experts and coordinate their testimony.

How does dealing with insurance companies work?

Insurance companies will often investigate and negotiate after a wrongful death. They may make early settlement offers that do not reflect the full extent of damages. An attorney can handle communications with insurers, evaluate offers, and negotiate on your behalf. If negotiation fails, the attorney can file suit and pursue litigation.

What if the responsible party is a government agency or employee?

Claims against governmental entities have special procedural requirements, including mandatory notice of claim within a short time frame and different immunities or caps on damages. Meeting those requirements is crucial. Contact an attorney quickly if a government actor may be at fault.

Will I have to go to trial?

Many wrongful death cases settle before trial through negotiated agreements or mediation. However, if settlement is not possible, your case may proceed to trial. An attorney will prepare the case for trial while also exploring settlement opportunities that respect your goals.

How do I choose the right lawyer?

Look for a lawyer or firm with experience in wrongful death and personal injury cases in Colorado, familiarity with local courts, and a proven record of handling similar matters. Ask about fees, case strategy, the lawyer's trial experience, and references. Many attorneys offer an initial consultation to evaluate your case.

Additional Resources

When seeking help or information in Greenwood Village, consider the following resources and organizations:

• Colorado Bar Association - for lawyer referrals and information on finding qualified counsel
• Local county court - for filing procedures and local court rules in Arapahoe County or the appropriate district court
• Greenwood Village Police Department - for incident and accident reports
• Arapahoe County Coroner or Medical Examiner - for cause of death records and reports
• Colorado Division of Insurance - for questions about insurance company conduct and consumer protections
• Colorado Department of Public Health and Environment - for records and reporting in certain public-health related deaths
• Victim advocacy and grief support organizations - local nonprofits and hospital support services can assist survivors with counseling and practical needs
• National and state-specific traffic safety and product safety agencies - for investigations and safety data in fatal motor vehicle crashes or defective product deaths

Next Steps

If you believe you have a wrongful death claim in Greenwood Village, consider these steps:

• Take care of immediate needs - attend to funeral arrangements, notify family, and seek emotional support or counseling.
• Obtain official records - request the death certificate, police or accident reports, coroner or medical examiner reports, and any available medical records.
• Preserve evidence - keep photographs, witness names and contact information, documents, and any physical evidence; do not dispose of items that may be relevant.
• Do not give recorded statements to insurers without consulting an attorney - insurers may use statements against you to limit recovery.
• Contact a qualified wrongful death attorney promptly - time limits and special procedural rules can be strict, especially for claims involving government entities.
• Prepare for an initial consultation - bring available documents, a chronology of events, and names of potential witnesses to help the attorney evaluate your case.
• Consider practical assistance - ask about fee arrangements, including contingency fees where the attorney is paid from any recovery, so you know how costs will be handled.

Wrongful death claims are among the most sensitive legal matters. An experienced local attorney can guide you through the legal process while respecting your family’s needs and priorities. If you are unsure where to start, reach out to a Colorado wrongful death attorney for a review of your situation as soon as possible.