Denver Wrongful Death Lawyer

State law in Colorado defines wrongful death as a fatality caused by the negligence or misconduct of another person or a company. A wrongful death claim allows surviving family members to hold the at-fault party liable and recover compensation for the losses they sustained. Do not go through the hassle of filing a wrongful death claim alone. Get help from a Denver wrongful death lawyer at Ogborn Mihm LLP.

What might constitute a wrongful death claim?

Any type of death that was avoidable and resulted from another party’s negligence can be a wrongful death. Common cases include:

Road accidents involving cars, trucks, motorcycles or bicycles.
Intentional acts (e.g., assault, attempted murder)
Medical malpractice
Defective products
Workplace accidents

A Denver wrongful death attorney experienced in wrongful death litigation can help you determine whether you have a valid claim.

Experienced Denver Wrongful Death Attorney

Who can file a wrongful death claim?

In the first year following the death, only the surviving spouse of the decedent (person who died) may file a wrongful death lawsuit. Surviving children may file a lawsuit starting in the second year following the death.

In the absence of a spouse or children, the parents of the decedent can pursue a claim.

What is a survival action? How is it different from a wrongful death claim?

A representative of the decedent’s estate can also file a “survival action,” which is a continuation of a previous claim. For example, if your loved one survived a car accident, filed a claim for that accident, and later succumbed to his injuries, a personal representative can continue that claim.

Families file wrongful death lawsuits seeking compensation for losses as a result of the loved one’s death. Survival actions, on the other hand, pursue compensation on the deceased’s behalf for costs such as medical expenses preceding death and funeral costs.

Wrongful death claims benefit surviving family members; survival actions benefit the estate.

What can I recover from a wrongful death claim in Colorado?

In Colorado, there are several categories of damages available to the families of wrongful death victims. There are basic economic damages that include wages and benefits they would otherwise have if the death had not occurred. The plaintiff would need to demonstrate the decedent’s health condition, life expectancy, and earning capacity to recover adequate compensation.

A judge or jury could also award damages based on noneconomic factors such as “grief, loss of companionship, impairment of the quality of life, inconvenience, pain and suffering, and emotional stress” suffered by surviving family as a result of the death. The state caps awards for noneconomic damages at $250,000.

In some cases, the court might order a person or company found liable in a wrongful death case to pay punitive or “exemplary” damages in addition to the typical economic and noneconomic damages if the plaintiff can prove the defendant acted with “willful and wanton conduct.”

Trusted Denver Wrongful Death Law Firm

With all the stress and trauma a loved one’s loss will cause, it is important to entrust your legal pursuits to an attorney with experience in Colorado’s court system. Contact a Denver wrongful death lawyer at Ogborn Mihm LLP to schedule a free consultation.