Arvada Wrongful Death Attorney

If a loved one passed away due to someone else’s negligence, we are so sorry for your loss. After a wrongful death, surviving loved ones can pursue justice through a claim against the liable party. While we know financial compensation cannot bring your loved one back, it can help ease the financial burden of their loss. Our Arvada wrongful death attorneys can help you seek compensation.

Paul Wilkinson, the founder of The Paul Wilkinson Law Firm, LLC, has won over 5,000 cases for clients. Our Arvada personal injury lawyers can take your case from beginning to end so you’re supported by dedicated legal representation during the entire legal process. Contact us today for a free review of your case.

Filing a wrongful death claim can be an intimidating and overwhelming process. You should be able to focus on grieving and remembering your loved one, but paperwork and dealing with insurance companies can leave you with little emotional bandwidth.

The Paul Wilkinson Law Firm, LLC, can assist you in the following ways:

• Ensure all paperwork is correct and submitted on time
• Handle all communications, including negotiation with the insurance company
• Investigate and gather evidence
• Represent you in court if necessary

Our legal team believes that your family deserves justice and compensation, and we can put our experience and resources to work as we fight on your behalf. You can discuss your case with us during a free initial consultation. The consultation is obligation-free.

From a loss of income to medical bills, the loss of a loved one can considerably impact your family’s financial stability. Financial compensation can help alleviate these issues, allowing you to focus on healing with your family rather than worrying about how to pay for daily living expenses.

Our lawyers can help you pursue compensation for things like:

• Medical Expenses: The emergency or end-of-life medical care that your loved one received after their injuries.
• Loss of Earnings: Your loved one’s lost income.
• Loss of Services: The tasks and support that your loved one provided to you and your family.
• Non-economic Losses: These include pain and suffering, loss of companionship, and emotional loss. 

It’s important to note that while there is a cap on the amount of recoverable non-economic losses, starting in 2025, Colorado raised that cap from $250,000 to $1.5 million.

Let our legal team fight for the fair compensation that your family needs. Contact The Paul Wilkinson Law Firm, LLC, today.

Under CO. Rev. Stat. § 13-21-201, your ability to file a wrongful death claim is dependent on your relationship with the deceased. In the first year following a wrongful death, only a surviving spouse can file a claim. If there is no spouse, then the deceased’s children can file; if there are no children, then the deceased’s other heirs are eligible to file a claim in the first year.

After the first year, any other heirs or a designated beneficiary can file a claim or join the existing claim. Our lawyers can help you determine your right to file and stay by your side through every step of the claims process.

Depending on the incident which led to your loved one’s passing, there may be several potential liable parties. Here are some examples:

• In a car accident, another driver is typically the liable party. However, if a mechanical failure contributed to the crash, the car’s manufacturer or mechanic may be liable.
• In a truck accident, both the truck driver and their trucking company may be to blame.
• In a premises liability case, a business owner or property manager may hold liability.

Determining all liable parties is essential for recovering the maximum compensation that you are entitled to. However, determining liability is not the only factor in a successful case. Your lawyer will also need to prove that the four elements of negligence have been met:

Duty of Care

The liable party must have had a duty of care towards your loved one. For example:

• Drivers must obey traffic laws to keep others on the road safe
• Employers must ensure all employees receive adequate training and are qualified to safely operate the vehicle(s) they work with on the job
• Manufacturers must ensure proper testing has gone into a product before it’s released to market

Breach of Duty

The liable party must also have breached that duty of care. For example:

• A motor vehicle driver goes 80 MPH on a 60 MPH road
• A property owner neglects to fix a hazardous condition on their property, despite knowing about it
• A trucking company encourages its drivers to work over their federally regulated hours-of-service

Causation

One of our attorneys can prove that the breach directly led to your loved one’s injuries. For example:

• Phone records can show if a driver was texting when the accident occurred
• A toxicology report will show if a driver was on drugs 
• Security camera footage can capture a slip and fall, showing if a hazardous condition was present

The Paul Wilkinson Law Firm, LLC, may gather evidence to prove causation in a number of ways, including:

• Interviewing witnesses
• Securing surveillance footage from the accident scene
• Obtaining police reports and other official documents related to the accident, such as maintenance logs, black box data, driver logs, and safety inspection reports
• Consulting experts, such as an accident reconstructionist

Damages

Our legal team must also clearly show that you suffered losses due to the breach. We may use medical records to prove that your loved one’s injuries were directly caused by the accident or consult with financial experts to show how a loved one’s passing has impacted your financial situation.