Serving Denver, Pueblo & Colorado Springs for over 40 years
Losing a loved one due to someone else’s negligence is devastating. These are usually the most difficult and emotionally-charged cases we see at McDivitt Law Firm. And while no amount of compensation can ever replace the loss of your loved one, you and your family still deserve to be treated fairly. You should not have to shoulder unnecessary financial burdens while you are grieving.
What is wrongful death?
When a loved one has been killed due to another party’s negligence or intentional acts, surviving family members may be eligible to file what is known as a wrongful death lawsuit. In order to win a wrongful death lawsuit, you must establish several key elements, including:
- Breach of Duty – You must establish that the defending party owed your loved one a duty of care and breached that duty. Motorists, for example, owe a duty to everyone on the road to drive safely and responsibly and obey traffic laws.
- Causation – You must also clearly establish that the defending party’s actions directly caused your loved one’s death. Proving causation can be difficult in some cases, such as defective products, medical malpractice, or dangerous drugs.
- Damages – The death of your loved one must have caused actual damages such as hospital bills, burial costs, loss of income, and loss of companionship.
A wrongful death lawsuit can be filed after any tragic accident that was caused by another person or entity’s negligence.
The most common causes of wrongful death include:
- Car accidents
- Motorcycle accidents
- Trucking accidents
- Slip and fall accidents
- Defective products
- Medical malpractice
- Construction site accidents
- Work accidents
- Nursing home abuse or neglect
Who can file a wrongful death claim?
A wrongful death claim is a civil lawsuit in the state of Colorado. Unlike criminal lawsuits, which seek to punish the criminal party, a civil lawsuit seeks to award damages to the individuals or family members who have suffered because of another person’s negligence. Unlike other types of civil lawsuits, a wrongful death lawsuit can only be brought by the surviving family members of the deceased.
The state of Colorado has strict guidelines for who can file a wrongful death claim and the time limits they have to file that claim.
- First Year After Death – Only the surviving spouse is able to file a lawsuit the first year after the death of a loved one.
- Second Year After Death – In the second year following the death of a loved one, the surviving spouse or any surviving children are able to file a wrongful death claim. If there is no spouse or children, then the deceased’s parents are able to file a lawsuit in the second year.
Do I need to hire a Colorado attorney?
As you can tell from the lists above, proving a wrongful death case is difficult. There are many moving pieces you need to be able to prove, and the state’s rules for who can file a claim and when can be confusing. Without an experienced wrongful death attorney on your side, it can be downright impossible to win your case.
In addition to proving negligence, there are two other reasons you’ll need an experienced attorney.
First, the police and local officials aren’t necessarily going to help you, and the negligent party will certainly hire a lawyer to fight the claims against them. You need a wrongful death lawyer on your side to fight aggressively for you and your family.
Second, while you are grieving, dealing with insurance companies, creditors, and legal actions can be overwhelming and scary. Your lawyer will review your case, investigate the incident closely, negotiate with insurance companies, file necessary legal motions, and ensure that you do not miss critical deadlines.
Why choose us?
Here at McDivitt Law Firm, we know you need compassionate legal guidance during this difficult time. We protect you and your family throughout the legal process and work tirelessly to safeguard your future. We’ve been helping Colorado families win their wrongful death cases for over 40 years, becoming one of Colorado’s most trusted law firms along the way.
What is wrongful death?
Putting your life back together after a tragedy is difficult. Dealing with rising medical costs, burial expenses, and the loss of income can put an unthinkable strain on already struggling families. Fortunately, Colorado law allows for surviving family members to recover both economic and non-economic damages after the death of a loved one. Some of those damages include:
Economic damages
- Medical expenses
- Burial costs
- Loss of earnings
- Loss of future earnings
Non-economic damages
- Pain and suffering
- Emotional distress
- Loss of parental guidance
- Loss of companionship
In some cases, courts may award exemplary damages or punitive damages in order to punish the responsible party. This is often awarded when the conduct of the responsible party was intentional or showed a disregard for life.
Contact us for a free case evaluation if you’re not sure what type of compensation you are eligible for.
Wrongful death frequently asked questions
How long do I have to file a wrongful death claim?
In the state of Colorado, surviving family members only have two years from the date of death to file a claim. This is known as a statute of limitations. If you miss this deadline, you will be unable to pursue your claim and collect the compensation you need.
How can I prove my case?
Wrongful death cases are complex and require extensive investigation. Your attorney can review the details of your case and gather the evidence needed to win. Without an attorney on your side, however, you may be unable to prove fault and liability.
When should I call a wrongful death attorney?
The sooner you contact a Colorado wrongful death attorney the better. A wrongful death attorney can gather the evidence you need after a devastating accident. Unfortunately, valuable evidence is often lost or destroyed if surviving families don’t act quickly.
Are Colorado wrongful death laws different from other state laws?
Yes. Every state has specific wrongful death laws that vary. This is why it’s important to retain the services of a lawyer with thorough knowledge of Colorado’s unique wrongful death laws.
What Evidence Should Be Used During a Wrongful Death Suit?
The first step in any wrongful death suit is showing that the accident that caused the death was avoidable by the at-fault party. It requires a lot of proof, and the type of evidence needed will vary based on the accident. To help you better understand the evidence that will be submitted during your wrongful death suit, we’ve outlined common case types and the evidence typically used in each of them:
Car accidents: After a fatal car accident, your lawyer will request police reports, dashcam footage, vehicle damage photos, traffic signal data, and witness statements. They’ll also want any information related to the state of both drivers, including blood toxicology reports. This information can help prove who, if anyone, was at fault for the accident.
Workplace accidents: After a workplace accident, safety reports, witness statements, training records, and equipment statuses are often used as evidence. The main goal with these evidence types is to figure out whether the employee acted in a way they knew could have caused harm.
If you have a loved one who died because of someone’s negligence, work with an attorney who can help you sift through these different kinds of evidence. Proper documentation goes a long way toward earning you the compensation you deserve in a wrongful death suit.
Wrongful death lawsuit results and case studies
For more than 40 years, we’ve been assisting grieving families throughout the state of Colorado after the loss of a loved one. From the moment you call us, we will begin fighting aggressively for you and your family. We believe in holding negligent and reckless individuals, companies, and entities responsible for their actions and we work tirelessly to protect you and your family during this time. Our law firm has the resources and skills needed to help you obtain the money you need to help your family move forward after such a tragedy. Our lawyers will compassionately guide you through the process and protect you every step of the way.
We’re here when you need us
Losing a family member due to another person’s negligence is unthinkable. During this time, you need a law firm on your side who can offer you compassionate yet aggressive legal counsel every step of the way. Contact McDivitt Law Firm in Denver, Colorado Springs, or Pueblo as early in the process as possible. We offer a free consultation and review of your case, so we can discuss your legal options.