If you have lost a loved one, please accept our deepest condolences. When a loved one’s loss is unexpected, you may be overwhelmed by financial burdens in addition to your grief. If someone else’s negligence was to blame for your loved one’s passing, you may be able to recover compensation. Our Greeley wrongful death attorneys can help hold the responsible party accountable.
At The Paul Wilkinson Law Firm, LLC, we fight for fair compensation that makes a difference in our clients’ lives. Our Greeley personal injury lawyers will stand by you throughout the legal process. Contact us today for a free case review to learn more about your legal options.
Recovering Compensation After a Wrongful Death
In addition to the grief and trauma of a death, there are also often financial burdens attached. These include medical bills from emergency care, the impacts of income loss on a family, and funeral expenses. Recovering fair compensation from a liable party accounts for these losses.
You may be eligible to recover compensation for:
- Medical expenses related to your loved one’s treatment after their injury
- The loss of financial support
- The loss of companionship
- Emotional trauma
- Pain and suffering related to your loved one’s injuries
- Funeral costs
- Cremation or burial expenses
Our lawyers can listen to your story so we understand the full scope of your losses. We can advocate for the maximum compensation you qualify for.
How Our Lawyers Can Support Your Family After a Wrongful Death
In addition to the grief and trauma of a death, there are also often financial burdens attached. These include medical bills from emergency care, the impacts of income loss on a family, and funeral expenses. Recovering fair compensation from a liable party accounts for these losses.
You may be eligible to recover compensation for:
- Medical expenses related to your loved one’s treatment after their injury
- The loss of financial support
- The loss of companionship
- Emotional trauma
- Pain and suffering related to your loved one’s injuries
- Funeral costs
- Cremation or burial expenses
Our lawyers can listen to your story so we understand the full scope of your losses. We can advocate for the maximum compensation you qualify for.
Who Can File a Wrongful Death Claim in Colorado?
In Colorado, close family members are typically the ones eligible to file a wrongful death lawsuit.
In the first year following a death, a lawsuit can be filed by:
- A spouse
- If there is no spouse or if the spouse grants permission, then by heirs and/or a designated beneficiary
In the second year following a death, a suit can be filed by any of the above parties. A parent or parents may join the lawsuit if the deceased was unmarried and had no children.
If you are unsure whether you can file a wrongful death suit or when you may be eligible to do so, our legal team will review your options at no cost or obligation to you.
The Statute of Limitations
Under CO. Rev. Stat. § 13-80-102, you typically have only two years to file a wrongful death lawsuit. Generally, this timeline starts from the date of your loved one’s passing. However, there may be exceptions to this timeline.
If you are worried about having enough time to file or believe there may be an exception in your case, discuss your questions with your lawyer. Whenever possible, our lawyers will file within any legally required date.
Establishing Negligence After a Wrongful Death
Successful wrongful death cases hinge on being able to prove that a party was negligent. In legal terms, negligence is defined by four elements which must all be present. These elements are:
- Duty of Care: One party owes another party a responsibility to keep them as safe as reasonably possible. For example, drivers owe others on the road a duty of care. They uphold this duty by following traffic laws and paying attention to road conditions.
- Breach of Duty of Care: A party breached the duty of care they owed to your loved one. For example, a driver was inebriated and decided to drive anyway.
- Causation: The breach directly led to your loved one’s death. For example, perhaps a drunk driver runs a red light and hits another car. The drunk driver’s negligence caused this accident.
- Damages: You have suffered losses due to the accident.
Who Was Negligent?
Depending on the accident that took your loved one’s life, there may be only one liable party or there may be multiple liable parties. The Paul Wilkinson Law Firm, LLC, can investigate to determine what the situation is in your case. Some examples of potentially liable parties include:
- In a car accident, other drivers are often the liable party
- In a truck accident, both the truck driver and their company may be liable
- Additionally, manufacturers may be liable if a faulty car part led to the accident
- Government entities can be held liable if hazardous road conditions contributed to the accident
How Do Our Lawyers Prove Someone Was Negligent?
Proving negligence may be a straight-forward process or it may require an exhaustive investigation. Our lawyers work diligently to gather evidence and prove that negligence occurred. We may:
- Consult with professionals, such as an accident reconstructionist or an expert in trucking industry safety standards
- Interview witnesses
- Obtain official documents, such as phone records, police reports from the Greeley Police Department, blood alcohol testing results, and black box data
- Secure copies of surveillance footage, such as from security or traffic cameras
We promise to do all we can for your case and for your loved one’s memory.
What Can You Do to Help Your Case?
It can be hard to focus on anything after losing a loved one. However, there are some actions you can take to help hold a negligent party accountable. These include:
Keep a Record of Everything Related to the Accident
Medical bills, receipts related to your loved one’s care, medical records, and any communication with a hospital or insurance company should be kept.
Avoid Speaking With Insurers on Your Own
If an insurance adjuster asks to speak with you about your loved one’s accident, have your lawyer present for the conversation. If you are unable to have a lawyer present, stick only to direct facts that you have clear knowledge of. Do not speak to your loved one’s actions or hypothesize about what may have happened.
Avoid Posting on Social Media
Social media can help you reach out to family and get support from friends. However, you should avoid posting specific details about your case. Insurance companies can use public social media posts against you.
If you are unsure about any actions you have taken or plan to take, talk them through with your attorney. In many cases, we can act on your behalf (such as by requesting medical records or speaking to an insurance company).
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If you’ve been injured in an accident, the attorneys at The Paul Wilkinson Law Firm can help you get the justice you deserve.
Affording an Attorney
You may be dealing with overwhelming financial burdens related to your loved one’s passing. It can be hard to take on an additional cost while also affording your daily expenses. At The Paul Wilkinson Law Firm, LLC, we want everyone to be able to seek legal representation when they want it.
Our personal injury team works on a contingency-fee basis. This means there are no upfront costs for you. Instead, you pay us if we recover compensation for your case. At that point, our fees are deducted from your settlement at an agreed-upon percentage.
Paul has a 99 percent success rate of recovering compensation for clients. However, if we don’t recover compensation, then you owe us nothing.
What if Your Loved One Was Partially at Fault for Their Accident?
Under Colorado’s modified comparative negligence law, even those who contributed to their injuries can still pursue compensation. If your loved one was less than 50 percent at fault, then you may still be eligible for financial compensation from a liable party.
It’s important to note that recoverable compensation is reduced by the percentage of fault. We can use evidence and a well-built case to combat any unfair accusations of blame.
Greeley Residents Can Depend on Us to Protect Their Future
Again, we are so sorry for your loss. We know how difficult this time must be for you and your family. We want to help.
Our lawyers can take on the legal burden so you can focus on grieving and spending time with your loved ones. Contact The Paul Wilkinson Law Firm, LLC, for a free initial consultation about how our lawyers can handle your case.
Greeley Wrongful Death Attorney
NO UPFRONT COSTS. WE ONLY GET PAID IF YOU WIN.
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Free Consultation
If you’ve been injured in an accident, the attorneys at The Paul Wilkinson Law Firm can help you get the justice you deserve.