Denver Wrongful Death Attorney
Hire a Denver-based team of Wrongful Death Attorneys that will fight for your loved ones and obtain the maximum compensation for your case. Get a free case consultation today.
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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.
Identify Wrongful Death Damages
When an accident causes a death, both the deceased and their surviving loved ones suffer compensable losses.
Our legal team can tell you what kinds of damages your family is entitled to recover. Once you begin the negotiation process, it can be challenging to add grievances to your claim, so it is vital that we create a complete list of damages up front.
Negotiate a Wrongful Death Settlement
Once we gather evidence and determine damages, we can start the negotiation process. This presents its own special challenges:
- If the liable party is a large corporation, they will likely have a team of lawyers to back them up throughout this portion of the claims process.
- If you’re dealing with an individual, they can be difficult to communicate with and might also have an attorney for protection.
- No matter who the at-fault party is, they likely have insurance, so you will also have to contend with an insurance company that wants to minimize what they pay you, regardless of your case’s true value.
Several of the attorneys at The Paul Wilkinson Law Firm, LLC, used to work for insurance companies, so we understand how they operate and how to negotiate a fair deal.
Take Your Legal Case to Trial
Out-of-court settlements generally take less time and effort. However, some cases can’t settle out of court because parties can’t agree to terms. In these cases, civil litigation is the final step to recuperating the damages owed to you. This involves:
- Arguing before a judge and jury
- Questioning witnesses
- Submitting trial exhibits into evidence
Cases that go to court usually take over a year to finalize. As stressful and frustrating as this is, know that our wrongful death lawyers can be there for you the entire time, managing day-to-day legal matters and updating you regularly.
Answer All of Your Legal Questions
We understand how difficult it is to try to navigate a legal case while coping with the unexpected loss of a loved one. Our Denver law firm is available 24/7 to provide honest answers, explain complicated legal concepts, and advise you on how to handle your case.
Why Hire Our Denver Wrongful Death Attorneys?
No one should have to think about pursuing legal action while grieving the loss of a loved one. Mourning is as challenging a process as one can endure. Adding legal responsibilities to the equation can unnecessarily overwhelm you during a vulnerable time.
Before filing a claim on your own, consider the following reasons why working with our accident injury lawyers can help you gain closure following your loss:
- Paul has won over 5,000 cases, including wrongful death actions. Our team is already familiar with how to manage these legal actions and can anticipate and avoid unnecessary pitfalls.
- Your entire family needs time to grieve together and figure out how to move forward. Our wrongful death lawyers can give you that time.
- Our firm is committed to seeking justice for people throughout Colorado. We promise to represent you with integrity, transparency, adaptability, and a relentless commitment to achieving results that make a difference.
Call Paul today. The Paul Wilkinson Law Firm, LLC, charges no attorneys’ fees unless and until you get your money.
Compensation in Wrongful Death Cases
If you can prove negligence in a wrongful death claim or lawsuit, you are entitled to economic and non-economic remuneration.
Economic Damages and Wrongful Death
Economic damages are the financial losses your family incurred because of the accident. They typically include:
- The deceased’s final medical expenses
- Funeral expenses
- Out-of-pocket expenses
- Loss of support or income
- Loss of household services
In determining how much to award to surviving relatives, the insurance company and/or the jury should consider earnings at the time of death and potential future payments to calculate the total financial loss.
Non-economic Damages and Wrongful Death
Non-economic damages include compensation for emotional pain and suffering. These damages typically include:
- Grief and bereavement
- Loss of parental guidance
- Loss of society and companionship
It can be incredibly challenging to quantify non-economic losses on your own. Our Denver wrongful death attorneys can make sure you do not miss anything.
Exemplary Damages and Wrongful Death
Punitive or exemplary damages may also be awarded in Colorado when the decedent dies from gross negligence or an egregious act. For example, if a driver deliberately runs someone off the road, the victim’s family may qualify for punitive damages.
Though punitive damages are rare, our lawyers in Denver always check to see if our clients qualify for them—and if they do, we fight for those damages just as hard as we fight for economic and non-economic losses.
GET COLORADO’S LEADING WRONGFUL DEATH ATTORNEYS ON YOUR SIDE.
OUR EXPERIENCED WRONGFUL DEATH LAWYERS in Denver WILL GET YOU THE MAXIMUM COMPENSATION YOU DESERVE.
PROVING NEGLIGENCE IN A WRONGFUL DEATH CASE
Establishing negligence depends on four primary elements:
Duty refers to the commitment the defendant owes to the plaintiff. For example, as a licensed driver, you have a responsibility to obey traffic laws such as speed limits or not driving under the influence. To prove negligence, the plaintiff must first establish that the defendant had a duty to uphold for their fellow citizen.
Breach means that the defendant disregards their duty to their fellow citizen. For example, the defendant drinks eight alcoholic beverages before getting behind the wheel. Driving under the influence is a clear example of a breach because, as a licensed driver, you must safely operate your motor vehicle, and alcohol impairs that ability.
Causation means the defendant’s actions have a direct impact on the plaintiff’s injury or loss. If the defendant was under the influence, and their intoxication played a role in an accident that caused the plaintiff’s injury or death; there is clear causation.
Finally, damages refer to the plaintiff’s harm level caused by the defendant’s negligence.
Who Is Responsible for Your Loved One’s Fatal Injury?
Possible liable parties vary depending on the circumstances of the accident. Some parties are individuals, while others are powerful corporations. The Denver-based lawyers at The Paul Wilkinson Law Firm, LLC, are willing to take on any responsible party, including:
- Drivers
- Trucking companies
- Vehicle owners
- Local government agencies
- Road maintenance teams
- Vehicle mechanics
- Cargo loaders
- Vehicle part manufacturers
We are even willing to accept cases that involve multiple liable parties. Our veteran-owned law firm wants to give your family a chance to seek justice—and we are not afraid to face even the largest defendants on your behalf.
How Long Do Wrongful Death Cases Take?
If you’re considering filing a wrongful death case, you should understand the taxing elements involved and how long it can potentially take. Personal injury claims can quickly become complicated and lengthy. Because wrongful death cases have complex procedures with many factors to consider, hiring a wrongful death attorney can assist in the wrongful death case process. By gently guiding you through the process, the experienced personal injury attorneys at the Paul Wilkinson Law Firm will be there every step of your wrongful death case.
Wrongful death case timelines vary from one to the next, but you should be aware of the more time-consuming events. The following are the primary stages for wrongful death cases:
Investigative Process
Calculating Damages
After an accident causes a death, the surviving loved ones suffer damages that include medical and funeral expenses, lost wages, and loss of household services. You must take your time to make sure you account for all of your losses during this period. Once you begin the negotiation process, it can be challenging to add grievances to your claim.
Negotiation Process
Once you gather your evidence and calculate your damages, you can start the negotiation process. This process requires you to negotiate with the defendant. In the case of an entity’s negligence, they will likely have a team of skilled lawyers to back them up throughout this portion of the claims process. If you’re dealing with an individual, they can be difficult to communicate with and might also have an attorney for protection. Settlement talks can take months, especially if you have a larger claim.
Litigation
Out-of-court settlements take less time and effort, and therefore, are ideal. However, many cases can’t settle out-of-court because parties can’t agree to the terms. In these cases, civil litigation is the final step to recuperating the damages owed to you. Cases that go to court usually take over a year to finalize.
What Kinds of Wrongful Death Cases Are There?
Wrongful death occurs when somebody dies because of a person or entity’s negligence. Wrongful death actions are civil suits, but they can also carry criminal charges. If the defendant in your case is charged with a crime, the charge will be manslaughter or murder.
There are different types of wrongful death lawsuits. The category your case falls into depends on the kind of fatal accident involved. Many different accident types can justify a wrongful death claim, so we are prepared to assist Denver residents with a variety of case types. Our legal team includes:
No matter what kind of accident you are seeking representation for, we can help get you the wrongful death compensation you deserve. The Paul Wilkinson Law Firm, LLC, empathizes with your loss, and we want to do everything possible to assist your family.
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Who Can File a Wrongful Death Lawsuit in Colorado?
Rev. Stat. § 13-21-201 dictates who can file a wrongful death claim and in what order the decedent’s survivors may do so.
The decedent’s spouse has the exclusive right to file a wrongful death claim in the first year after the accident. After a year passes, or if the decedent left no spouse, other interested parties—such as the decedent’s heirs and designated beneficiaries—can file a wrongful death suit as well.
Does a Survival Action Count as a Wrongful Death Case?
No, wrongful death claims and survival actions are two different, though related, kinds of cases:
- Survivors file a wrongful death claim on their own behalf for tangible and intangible losses they themselves experienced.
- Survivors file a survival action on behalf of the deceased, but only if the decedent did not pass away immediately and suffered losses for which they could have received compensation had they survived.
Survival action claims afford the decedent’s representatives compensation for the pain and suffering the decedent endured while alive. The jury may consider the decedent’s degree of consciousness, the severity of their pain, and their awareness of impending death to determine how much to award the family.
The Paul Wilkinson Law Firm, LLC, understands that you do not want to spend so much time thinking about your loved one’s suffering—and you do not have to. Our Denver attorneys can deal with this sensitive task so you can seek compensation with minimal stress.
When Should You File Your Fatal Accident Case?
Colorado’s wrongful death statute of limitations is codified at CO. Rev. Stat. § 13-80-102, which gives you two years from the date of death to file a lawsuit. If you miss this deadline, you could lose all right to compensation, and you would not be able to recover financial damages for your losses or hold the at-fault party accountable for their actions in civil court.
Our law firm does not want to see you lose the ability to file a lawsuit because of a technical matter like a deadline. We encourage you to call us as soon as possible so we can start on your case promptly.
ANSWERING LEGAL QUESTIONS AND ENSURING COMPLIANCE
Contact Our Denver Wrongful Death Law Firm for a Free Consultation
On behalf of everyone at The Paul Wilkinson Law Firm, LLC, we are deeply sorry for your loss. While nothing can truly fix this situation, our Denver wrongful death lawyers can fight to hold the responsible parties accountable, granting your family both peace of mind and financial compensation after such a devastating loss.
We have twenty years of experience with wrongful death cases, so we can guide you through the complex, ever-changing legal process. Contact us today and let our attorneys pursue the compensation you deserve.