Compassionate Colorado Wrongful Death Lawyer

If you're here because you have recently lost someone dear to you, we'd first like to offer our sincerest condolences. Our heart goes out to you and your family. This is likely one of the most difficult times of your life and it might seem like the pain will never stop. During such times, it's vital to remember that you and your family will make it through. You must believe that.

For surviving spouses, parents, children and other family members, pursuing legal action for the death of a loved one is often the last thing they want to do. In the midst of grief, it's easy to feel overwhelmed from planning the funeral and getting accustomed to the new “normal.”

Sadly, the law doesn't wait for the grieving process — plaintiffs only have a limited period of time to file a wrongful death claim. Fortunately, you don't have to face this challenge alone.

“Wrongful death” is the term used when a person is killed due to the negligence or misconduct of another person, company, or entity. At the Babcock Law Firm, we frequently represent families who've lost a loved one in a fatal car accident, truck accident, motorcycle wreck, drunk driving accident, pedestrian accident, fatal accident at work and even slip and falls that result in death.

Under the Colorado Wrongful Death Act, survivors may file a claim or lawsuit within two years of the date of death. The purpose is to provide financial relief to the decedent's heirs and dependents. Areas of financial compensation in wrongful death suits include:

• Direct Expenses (medical bills, funeral costs, etc.)

• Loss of Pay/Benefits (amount of money the decedent would have earned working as well as received in pension/retirement benefits had they lived)

• Loss of Companionship (what the decedent would have contributed emotionally to the relationship with the plaintiff. Includes pain & suffering)

Other less common damages can include loss of potential inheritance, college tuition for children, and loss of parental guidance.

In Colorado's wrongful death law, non-economic damages like pain and suffering are capped but adjusted for inflation (unless the death was caused by murder or manslaughter). For cases that occurred after January 1, 2008, the cap is $468,010. Colorado's Wrongful Death Act allows family members to recover damages "...to the extent a jury finds it fair and just in relation to the injury that resulted from the decedent's death."

A Denver Colorado wrongful death attorney can advise you on the compensation you are entitled to as a result of a wrongful death.

Putting a dollar figure on the loss you've endured is impossible. However, an experienced attorney can calculate the past, current, and future financial losses that occur as a result of the wrongful death. This is a complicated process.

At the Babcock Law Firm, we consider factors like age, earning capacity, retirement benefits, health, life expectancy, presence of comparative fault, and 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. We can help 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 alone.

In a wrongful death, 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.

• Suing for Wrongful Death in Colorado
• 6 Most Common Types of Wrongful Death Cases

• Colorado Wrongful Death Claims – Order of Priority