Denver Wrongful Death Attorneys
Filing a Wrongful Death Claim in Colorado
There is nothing worse than losing a loved one; knowing that your loved one’s death was the result of a preventable accident or act of negligence can make the healing process even more difficult. If your family member passed away due to another person or party’s negligent or wrongful conduct, you deserve justice—and we want to help.
At Boesen Law, our Denver wrongful death attorneys are committed to helping you and your family fight for the full compensation you are owed. We know that no amount of financial compensation can undo the loss you have endured, but we have also seen firsthand how a fair settlement or verdict can provide surviving family members with the monetary resources they need to heal.
What Is a Wrongful Death?
Colorado considers a death “wrongful” when it results from the “wrongful act, neglect, or default of another.” In other words, if the person who died (referred to as the “decedent”) would have had grounds to file a personal injury claim had they lived, their death is likely considered wrongful.
Wrongful death claims often arise from the following incidents:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Birth injuries
- Medical malpractice
- Elder abuse and neglect
- Dog bites and attacks
- Workplace accidents
- Defective products
- Falls, including slip and falls
- Violence, assault, and other criminal acts
Our attorneys at Boesen Law can review your situation and determine whether you have grounds for a wrongful death lawsuit. We strive to get to know each and every one of our clients on a personal level, which is why we provide in-person consultations free of charge. Please contact us today to schedule a meeting with a member of our team.
Who Can File a Wrongful Death Claim in Colorado?
Colorado has relatively unique laws regarding who may file a wrongful death lawsuit and when these individuals may take legal action.
First and foremost, the general statute of limitations on wrongful death cases in Colorado is two years from the date of death. This means that, in most cases, the person bringing the claim (known as the “plaintiff”) has just two years from the date of death to file a lawsuit; failure to bring a lawsuit within this timeframe will almost certainly result in the case being dismissed.
Secondly, the law specifies that, during the first year following the decedent’s death, the following individuals may file a wrongful death claim (in order):
- The decedent’s surviving spouse, if one exists
- The decedent’s surviving children, if the decedent was unmarried or if the surviving spouse gives written permission for the decedent’s surviving children to bring a claim separately or jointly
- The decedent’s designated beneficiary/beneficiaries, if there is no surviving spouse or children
After the first year has passed, but it has not yet been two years since the date of death, the following individuals are permitted to bring a wrongful death claim in Colorado:
- The decedent’s surviving spouse
- The decedent’s surviving children, separately or jointly with the surviving spouse
- An eligible beneficiary of the decedent, separately or jointly with the surviving children
Additionally, if a wrongful death claim is filed by the decedent’s surviving children, the surviving spouse and/or eligible beneficiary may join the lawsuit within 90 days of it being filed.
If the decedent died without a spouse or children, and they have no eligible designated beneficiary, their parent(s) or legal guardian(s) may file a wrongful death claim. This is true whether the decedent was a minor or an adult at the time of death.
Types of Damages Available in Wrongful Death Cases
The purpose of filing a wrongful death lawsuit is twofold: first, it allows you to hold the at-fault party accountable for the harm and devastation they have caused. Second, it allows eligible surviving family members to recover financial compensation for certain economic and non-economic losses. Collectively, these losses are referred to as “damages.”
Some types of damages that may be recovered in a Colorado wrongful death lawsuit include:
- Medical expenses associated with the decedent’s final treatment and care
- Funeral and/or burial expenses
- Lost income, wages, and other compensation the decedent would have likely earned
- Loss of benefits, including life insurance, pension, and related benefits
- Pain and suffering experienced by the surviving plaintiff
- Grief and emotional distress
- Loss of companionship, support, love, guidance, and counsel
Plaintiffs may seek full compensation for economic damages, such as funeral expenses and medical bills, but the state has a cap on non-economic damages in wrongful death cases. In Colorado, non-economic wrongful death damages are capped at $571,870 as of 2021. Note that this cap is adjusted every two years. For more information, including the amount of type of damages you may be entitled to receive, contact our Denver wrongful death attorneys today.
Reasons to Hire a Wrongful Death Lawyer in Denver
Since wrongful death occurs due to negligence or sheer carelessness of someone else, they can be legally tougher to claim. Some of the most common examples of wrongful death being car accidents, motorcycle accidents, medical malpractice, defective products, harmful gas exposure, etc. In all such cases, a Denver wrongful death attorney can prove to be a critical asset in winning the claim.
Other Untold Benefits of Denver Wrongful Death Attorneys
- Your Best Advisors – An aurora wrongful death lawyer is your best bet when it comes to understanding the nitty-gritty of law, loopholes, and the correct way to settle your claim for the best possible compensation. From talking to the insurance company, to filing the claim and helping you set the best course of action for years ahead, the right attorney can do it all.
- Experience that Sways – Laws concerning a wrongful death can be confusing for a layman. An experienced wrongful death attorney Denver who has been dealing with similar cases over the years can pave the way to your better understanding of the case and the involved pros and cons beforehand.
- Exceptional Negotiation Skills – Aurora wrongful death attorneys have mastered the skill of negotiation. They have been a part of similar cases like yours and can use that experience to negotiate with all the parties involved on your behalf.
- Better Understanding of Every Aspect of the Claim – When you are already grieving or suffering from damages, it’s quite common for you to not being able to think clearly. This is where a professional Denver wrongful death lawyer’s role kicks in. Wrongful death attorneys Denver help you understand every aspect of the claim from present to future so that you can live your life in the most comfortable way forward.
- Correct Valuation – Grieve can get the best of you and your ability to think about the best plans for the future. This can be damaging if you are filing for the claim by yourself. A Denver wrongful death lawyer can help you understand the correct valuation of your claim so no other can take advantage of your grieving state.
In Case of a Trial
Not many wrongful death cases make it to the trial, but if yours do end up there, you would have an experienced Denver wrongful death lawyer to take care of it. A lawyer can also help you obtain the maximum compensation possible that shall help shape the future of your family.
Learn How Boesen Law Can Help You & Your Family Seek Justice
At Boesen Law, we believe in holding negligent parties accountable. By filing a wrongful death lawsuit against the person or party that caused your loved one’s death, you can obtain justice and fair financial recovery for your related losses. Our team is here to guide you through the legal process and provide the compassionate, empathetic counsel you deserve.
Our attorneys have decades of experience and a proven track record of success in all types of complex cases. We take great pride in providing our clients with a high level of personal attention, accessibility, and communication. As a client, you can rely on us to be there for you and your family every step of the way. And, because we offer our legal services on a contingency fee basis, you do not owe any upfront or out-of-pocket fees when you hire our team. Instead, we only collect legal fees if/when we win your case. Our staff speaks English, Spanish and Russian.
“They were attentive and responsive, and they got me the results I was expecting. I recommend Boesen Law for your bodily injury claims!”- Joshanna H.
“Jason is not just a paralegal, he is a friend and brother. Dennis Walker is not just a fantastic attorney, he is a loving, considerate, patient fighter of human rights. I will be grateful for Boesen Law until I die. Thank you, I shake as I write this. You ”- Jessica S.
“When needed legal support, they were fully committed to my case. My legal representatives had my back, they were easy to reach, and always responded to my questions/concerns within 24 hours.”- Veronica N.