Best Wrongful Death Lawyers in Littleton
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
List of the best lawyers in Littleton, United States
We haven't listed any Wrongful Death lawyers in Littleton, United States yet...
But you can share your requirements with us, and we will help you find the right lawyer for your needs in Littleton
Find a Lawyer in Littleton1. About Wrongful Death Law in Littleton, United States
Wrongful death law in Colorado allows certain family members to pursue compensation when a loved one dies due to another party’s negligence or wrongful act. In Littleton, these cases are typically filed in state district courts within the Denver metro area. Colorado separates wrongful death claims from survival actions, with different purposes and damages available to beneficiaries.
The wrongful death claim focuses on losses suffered by the survivors, such as funeral expenses, lost financial support, and the value of companionship. The survival action, by contrast, preserves the deceased’s own potential claims for medical costs and other damages that would have survived had they lived. An attorney can help determine which claims apply to your situation and how to pursue them.
Key policy goals behind these statutes are to provide financial relief to families while encouraging accountability for negligent conduct. The statutes are complex and involve eligibility rules, damage caps, and procedural deadlines. A Littleton attorney experienced in wrongful death cases can explain how these rules apply to your family’s circumstances.
Source: Colorado Revised Statutes - Wrongful Death Act (C.R.S. 13-21-201 et seq.)
Source: Colorado General Assembly
Source: Colorado Revised Statutes - Survival Action (C.R.S. 13-20-101 et seq.)
Source: Colorado General Assembly
Source: Colorado Revised Statutes - Limitation of actions for personal actions (C.R.S. 13-80-102)
Source: Colorado General Assembly
2. Why You May Need a Lawyer
- A fatal crash in the Littleton area involving a negligent driver or trucking company requires careful fault analysis and evidence collection to support a wrongful death claim.
- A nursing home resident dies due to alleged neglect or improper care, raising potential medical malpractice and facility liability issues.
- A product defect or dangerous device contributes to a death, requiring complex product liability and corporate responsibility considerations.
- A hospital or medical facility death involves possible medical error, requiring an expert review and a survival action alongside any wrongful death claim.
- A hit-and-run incident results in a death, necessitating early coordination with law enforcement, investigators, and potential third-party liability claims.
- A construction site or workplace accident leads to a fatality, invoking OSHA-related standards and employer negligence theories.
In each scenario, a qualified attorney helps preserve evidence, identify all potential beneficiaries, meet filing deadlines, and negotiate or litigate for fair damages. Without legal representation, families may miss key damages or face procedural hurdles that reduce recovery.
3. Local Laws Overview
Colorado law divides wrongful death and survival into two separate claims with distinct purposes. The Wrongful Death Act governs who may sue and what damages may be recovered for survivors. The Survival Action preserves the decedent’s own rights to recover certain damages that would have been recoverable had they lived.
Colorado’s statute of limitations generally requires timely filing of wrongful death and survival actions, with specific rules about when the clock starts and how it runs. Courts apply these timelines strictly, so early legal consultation is important. A Littleton attorney can map out deadlines and protective steps for your case.
In Colorado, damages may include funeral expenses, loss of support, value of household services, and non-economic harms such as loss of companionship, subject to applicable rules. A lawyer can help quantify and present these damages through appropriate expert testimony and documentation. For authoritative details, see the statutory provisions below.
Wrongful Death Act - C.R.S. 13-21-201 et seq.
Source: Colorado General Assembly
Survival Action - C.R.S. 13-20-101 et seq.
Source: Colorado General Assembly
Limitation of actions for wrongful death and personal actions - C.R.S. 13-80-102
Source: Colorado General Assembly
4. Frequently Asked Questions
What is wrongful death in Colorado?
Wrongful death covers losses to the family when a death results from another party’s negligence or wrongful act. Only certain close relatives may file, depending on the circumstances.
How do I start a wrongful death claim in Littleton?
Begin by contacting a Littleton wrongful death attorney for a case assessment. They will gather records, identify beneficiaries, and file the initial complaint in the appropriate district court.
When should I hire a wrongful death attorney in Colorado?
Hire promptly to preserve evidence, secure witness statements, and meet deadlines. Early action helps protect your rights and maximize potential recovery.
Where do I file a wrongful death case in Littleton?
Most cases are filed in the district court serving Arapahoe County or Jefferson County, depending on the decedent’s residence and where the death occurred. Your attorney will determine the correct venue.
Why is there a separate survival action in Colorado?
The survival action preserves the decedent’s own potential damages, such as medical costs, that would have survived if the person had lived. It runs alongside the wrongful death claim for other beneficiaries.
Can I claim funeral expenses in a wrongful death case?
Yes, funeral and burial costs are commonly recoverable as part of wrongful death damages, along with other economic losses and damages for companionship and support.
How much can be recovered in a wrongful death case in Colorado?
Damages depend on the facts, including financial support lost and intangible losses. An attorney can help quantify these amounts through calculations and expert testimony.
Do I need a local attorney in Littleton to file a case?
Local familiarity with state and county courts improves case management and timelines. A Littleton attorney can coordinate with local experts and judges.
How long does a wrongful death case take in Colorado?
Timeline varies widely by complexity, evidence, and court schedules. Simple settlements may occur within months, while trials can span a year or more.
Is mediation possible in wrongful death cases?
Yes, many Colorado wrongful death cases are resolved through mediation or settlement discussions before trial. Settlement terms require careful negotiation.
Do settlements affect funeral or survivor benefits?
Settlements can affect insurance and social benefits in some situations. A lawyer can help protect these interests during negotiations.
What is the difference between a wrongful death claim and a criminal case?
A wrongful death claim is a civil matter seeking compensation. A criminal case involves state prosecution and potential penalties like fines or imprisonment.
5. Additional Resources
- Colorado General Assembly - Official source for Colorado Revised Statutes, including the Wrongful Death Act and Survival Action provisions.
- Colorado Judicial Branch - Official information on court procedures, forms, and rules for wrongful death and related actions.
- National Conference of State Legislatures (NCSL) - State-by-state summaries of wrongful death statutes and related civil remedies.
6. Next Steps
- Gather key documents within one week: death certificate, coroner or medical examiner reports, police/accident reports, medical and funeral bills, life insurance policies, and any warnings or recalls related to the death.
- Identify potential beneficiaries and confirm eligibility for filing; list names, addresses, and contact information for immediate family members who may sue.
- Research reputable Littleton wrongful death attorneys; review their track record, client reviews, and whether they handle both wrongful death and survival actions.
- Schedule consultations within 2-3 weeks of gathering documents; prepare a written list of questions about timelines, fees, and expected steps.
- Discuss fees upfront; ask about contingency arrangements, payment of expert fees, and how costs are handled if the case settles early.
- Decide on venue and file the initial complaint in the correct district court; your attorney will manage service of process and scheduling.
- Proceed through discovery and potential settlement negotiations; consider mediation as an early option if both sides agree.
- Evaluate settlement offers with your attorney; avoid accepting terms that undercompensate for the family’s losses.
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.