If you are here because you have lost someone dear to you, first we offer you our condolences. Our heart goes out to you. Please know that we understand the difficulty you are facing, and we want to help you recover the damages that are due to you because of this loss.
Wrongful death is the term used when a person is killed due to the negligence or misconduct of another person, company, or entity. Wrongful death practice areas we handle include fatal car, truck and motorcycle accidents, drunk driving accidents, pedestrian accidents, fatal accidents at work and slip and falls that result in death.
Typically a wrongful death action is brought by the person’s immediate family members, usually a surviving spouse and children and sometimes parents.
The Colorado wrongful death laws are complicated. There are very specific laws that determine what can be recovered, the priority of beneficiaries, procedures and deadlines for bringing wrongful death actions, and so on.
Colorado’s wrongful death law has a two-year statute of limitation, which means a claim cannot be brought after two years. Only the surviving spouse may bring a claim within the first year of the wrongful death. After one year, both the spouse and children have the right to bring a wrongful death action. If there is no spouse, then the children may bring an action anytime within two years. If there are no children or spouse, the parents may bring a wrongful death action.
You may also be able to bring actions for personal injury, conscious pain and suffering, or expenses incurred prior to the wrongful death. Survival actions for personal injury may also apply in certain wrongful death cases. Your wrongful death attorney can walk you through what you need to know and advise you.
A Denver, Colorado wrongful death attorney can advise you of the damages you are entitled to as a result of the wrongful death. This financial injury can include factors like loss of support, potential inheritance, college tuition for children, and medical and funeral costs. In addition to the loss of income, the loss of parental guidance and other less tangible losses may also be considered.
Putting an exact figure on the loss you will endure as a result of the wrongful death is complicated and it must be proven. It’s common to consider factors like age, earning capacity, health and life expectancy as well as the circumstances of those who depended on the person who died. Your damage award should also include interest from the date of death.
The opposing parties, insurance companies and those at fault will do their best to keep your damages as low as possible. An experienced wrongful death lawyer will provide the strength you need to support the best possible outcome in a situation that’s already difficult for any individual or family to face.
In a wrongful death action, a jury determines the size of the damages award based on the evidence available. Expert testimony can be used to help determine the monetary value of items such as household services your loved one provided. The court may adjust the wrongful death award up or down, depending on additional factors.
We invite you to discuss the details of your wrongful death case with a Colorado wrongful death lawyer at The Babcock Law Firm. We serve Denver, Boulder, Aurora, Broomfield, Louisville, Lafayette, Golden, Thornton, Westminster and other Colorado cities. If your case falls within our practice area and we feel our representation can benefit you, a wrongful death attorney will meet with you for an in-depth consultation, at no charge.