Denver Wrongful Death Attorney

What is a Colorado wrongful death action?

Wrongful death actions in Colorado are governed by statute. Colorado’s wrongful death act is C.R.S. §§ 13-21-201 through 13-21-204. If someone dies or is killed because of the negligence or misconduct of another, survivors are able to bring claims or lawsuits for a wrongful death. A wrongful death action is a type of lawsuit that allows a survivor to seek compensation for their loss. This includes loss of companionship and lost wages. In a Colorado wrongful death action, a survivor may also recover for damages such as the mental pain and suffering related to their loss.

Why are Colorado wrongful death cases different from other claims?

Colorado wrongful death cases are difficult for many reasons. They involve the passing of a loved one and are therefore extremely serious and emotional in nature by default. They almost always involve serious safety issues that concern the entire community. There are often complicated aspects of the law that apply in wrongful death cases, such as who is allowed to bring a lawsuit and what damages are allowable. Wrongful death accident cases are also difficult because many jurors consider wrongful death actions taboo in a sense. Their feeling is that money will not bring the deceased back to life. It will not fix the harm. Therefore, some jurors do not see the purpose in bringing lawsuits for these horrible losses.

Who can bring a wrongful death claim in Colorado?

In Colorado, not everyone who knew a decedent can be a plaintiff in a lawsuit for their death. The law states that in the first year after a wrongful death accident, the surviving spouse may bring the action for the wrongful death, or if he or she elects, the spouse and or the heirs of the deceased may bring the lawsuit. In the second year after the death, the spouse and or the heirs may bring the wrongful death action.

What damages can you recover in a Colorado wrongful death case?

Damages for a Colorado wrongful death case can include noneconomic losses, including the grief, loss of companionship, impairment of the quality of life, inconvenience, pain and suffering, and emotional stress that the survivor has had and will have into the future. These types of damages are often hard to quantify, but they are every bit as real as economic losses. A wrongful death accident lawyer can present these damages to a jury in a way that fully conveys the impact the loss has had on your life. Wrongful death accident damages in Colorado also include any economic losses, such as funeral, burial, internment, or cremation expenses, and any net financial loss that the survivor has had because of the death of their loved one. The net financial loss is the same as what the survivor might have expected to receive from the decedent had they lived. This includes benefits from future earnings and contributions to the household, etc.

In determining these wrongful death damages in Colorado, a jury will be tasked with considering the age, health, and life expectancy of the survivor, as well as the ability to earn money, the industriousness, and the nature of the relationship between the survivor and the decedent. These are all areas that are likely to be challenged by the defense’s wrongful death lawyer. That is one reason that you should have an experienced wrongful death lawyer on your side.

In Colorado, wrongful death damages are subject to a cap on noneconomic damages. The cap on wrongful death damages in Colorado is $250,000.00 adjusted for inflation. In 2020, the adjusted limitation for wrongful death damages was $436,070.00. However, if your Colorado wrongful death lawyer can establish that the wrongful act, neglect, or default causing death constituted a felonious killing under a preponderance of evidence standard, then there is no cap on the number of noneconomic damages that are recoverable. A felonious killing has the same elements as the crime of murder in the first or second degree or manslaughter as those crimes are defined in sections 18-3-102 to 18-3-104 of the Colorado Revised Statutes.

Alternatively, a survivor can elect to sue for and recover a solatium in addition to economic damages. The solatium is a set amount that is chosen instead of noneconomic damages which would otherwise be recoverable. The statutory solatium amount for a Colorado wrongful death action is $50,000.00 adjusted for inflation. In 2020, the adjusted solatium amount was $87,210.00.

Lastly, where the death is attended by circumstances of fraud, malice, or willful and wanton conduct, a jury may award exemplary damages that cannot exceed the amount of the actual damages awarded to the injured party.

What do Denver wrongful death attorneys do?

Your Colorado wrongful death lawyer will help you obtain compensation for your loss. An experienced wrongful death attorney can help a jury understand that while money cannot bring someone back, it can help restore the surviving family members’ lives to some semblance of normalcy. It can also provide emotional closure and a sense that the wrongdoer was forced to account for their actions. Lastly, and maybe most importantly, holding negligent or reckless parties accountable for wrongful deaths protects everyone from injury and death in the future by deterring similar conduct. This makes the community a safer place.

Should I talk to the insurance company after a wrongful death?

No. You should not talk to an insurance company or sign any documents after a wrongful death accident before you talk to a Denver wrongful death attorney. From sending low settlement checks to demanding blanket authorizations for all of your protected medical records, the insurance companies know what they are doing. Insurance companies try to minimize the amount of money they have to pay you for the actions of their insured. Make sure you talk to a wrongful death law firm before talking to the insurance company.

Do I still have a wrongful death case if the decedent was at fault?

Maybe. Any defenses that would have been available to a bodily injury case will likewise apply in a wrongful death action. These defenses can include comparative fault or assumption of the risk. This means that in wrongful death cases, defense counsel will often argue that the decedent was negligent and contributed to or caused their own death. If a jury determines that a decedent was comparatively at-fault, the survivor’s damages may be reduced by that pro-rata liability. If a jury determines that a decedent was 50% or more at-fault for their death, then the survivors will not be allowed to recover damages.

A Colorado wrongful death lawyer can help explain the subtleties surrounding wrongful death liability and defenses.

How can a Colorado wrongful death attorney help me?

Your wrongful death lawyer understands that you are going through an incredibly difficult period of your life. Your lawyer will help you navigate the maze of complicated wrongful death laws and hold the wrongdoers accountable for your loss. This includes taking steps to preserve important evidence that can help maximize your recovery and prove the elements of your case. Videos and incident reports can disappear, and witness information can be lost. A wrongful death lawyer will send out a preservation letter to make sure the at-fault party preserves any important information. If they fail to do so, they may be subject to an adverse instruction if the wrongful death case goes to trial.

The evolution of Colorado’s wrongful death laws can be a confusing web of statutes and case law that many attorneys and judges are unable to agree on. If you have lost a loved one because of someone’s carelessness or recklessness, contact a Colorado wrongful death law firm today to protect your rights. In most cases, wrongful deaths could have been prevented with common sense and a little caution. We can reduce these horrible losses and make our communities safer for families and friends by holding negligent parties accountable for their actions. Don’t settle for less, call the top wrongful death attorneys at Eisenstein Law today for a free wrongful death accident case evaluation.

Find Your Colorado Wrongful Death Attorney at Eisenstein Law

Eisenstein Law is a dedicated personal injury law firm that brings experience and representation to those involved in a wrongful death lawsuit in Colorado. We also represent those in the Denver area who need a motorcycle accident lawyer, distracted driving attorney, bad faith insurance attorney, and much more. Visit our personal injury law firm resources to find more advice from the best wrongful death lawyers in Denver. Get the results you deserve with Eisenstein Law.

If you have lost a loved one in a wrongful death accident, contact our personal injury lawyers today for a free consultation.