Wrongful Death

Denver Wrongful Death Lawyer Proudly Serving The State of Colorado

The loss of a loved one is tragic when you are preparing for their death (illness or old age), but it can be overwhelming when your loved one is ripped from your life because of someone else’s actions or inaction. The negligence of another person or entity can often lead to death, which is known as wrongful death. A Denver wrongful death attorney from Mandelaris Law can help you recover compensation for the wrongful death of a loved one.

Common Situations That Lead to Wrongful Death Claims

The most common situations that often lead to wrongful death claims in Denver include the following:

Who Can File a Wrongful Death Claim in Colorado?

The surviving spouse can file a wrongful death claim in the first year after the victim’s death. If there was no surviving spouse, the heirs of the deceased or their personal representative can also file a claim.

In the second year after the victim’s death, a wrongful death claim can be filed by the following people, according to Colorado law:

  • The victim’s spouse
  • The deceased’s heirs
  • The spouse and heirs of the deceased
  • The designated beneficiary of the decedent

Parents of the victim can file a wrongful death claim if there is no surviving spouse or surviving children. The claim must be filed within two years of the victim’s death. If the victim of the wrongful death action was a minor, the parents can file a claim. Both of the parents will share equal claim when a judgment is issued. If only one parent remains, that parent will have an exclusive interest in any award issued by the court.

The statute of limitations for filing a wrongful death claim in Colorado is two years from the date of death. If the claim is filed after the statute of limitations expires, your claim is likely to be dismissed and you will lose out on the ability to recover compensation. However, there are exceptions, including if your loved one died in a car crash. You will have three years to file a claim if this is the case.

The statute of limitations can also be extended if the defendant tried to hide facts or evidence about the case or if the defendant engaged in fraudulent activity. No matter the circumstances of your case, you need to consult with a Denver wrongful death attorney as soon as possible to avoid missing the statute of limitations.

What Must be Proven to be Successful?

In order to succeed in a wrongful death claim, the following must be proven:

  • Your loved one was owed a duty of care by the defendant
  • The duty of care was breached by the defendant
  • The victim’s death was directly caused by the breach of duty of care
  • The damages you are trying to acquire were caused by the victim’s death

Damages You Can Claim in a Wrongful Death Lawsuit

The surviving spouse, children, or parents of someone who died due to negligence can seek compensation for the following damages:

  • Medical expenses related to the injury or illness that caused the death
  • Funeral and burial expenses
  • Loss of income and services provided by the decedent
  • Pain and suffering, which is capped by statute.
  • Loss of companionship and emotional loss, which is capped by statute.

There are limits placed on damages surviving parents can claim when their minor child dies due to negligence. The parents can only claim financial losses and not lost income, as a child does not have an income.

Colorado law also permits the recovery of punitive damages if the death was caused willfully or by reckless acts. Punitive damages are intended to punish the person responsible for the victim’s death.

Seek Compensation for Your Loved One’s Death

If you suffered the loss of a loved one due to someone else’s negligence, you can hold them accountable. You deserve to be compensated for your pain and suffering, loss of consortium, and more. Call the Denver wrongful death attorney at Mandelaris Law at (303) 357-9757, or complete our contact form to schedule a consultation today.

Related Practice Areas & Resources

Mandelaris Law represents injury victims throughout Denver and Colorado. Explore our related legal services:

Frequently Asked Questions

Who can file a wrongful death lawsuit in Colorado?

In Colorado, wrongful death claims may be filed by: surviving spouses or designated beneficiaries (in the first year after death), and children or heirs (in the second year if no spouse filed). Parents may also bring claims in certain circumstances. The rules are complex — consult an attorney promptly.

What damages are available in a Colorado wrongful death case?

In a Colorado wrongful death case, surviving family members may recover: grief and loss of companionship, loss of future earnings the deceased would have provided, medical and funeral expenses, loss of parental guidance for children, and emotional distress. Colorado caps non-economic damages in wrongful death cases.

How long do I have to file a wrongful death claim in Colorado?

Colorado’s statute of limitations for wrongful death claims is 2 years from the date of death. This is shorter than the general personal injury deadline, making it critical to consult a wrongful death attorney as soon as possible.

What is the difference between a wrongful death claim and a criminal case?

A wrongful death claim is a civil lawsuit brought by the family to seek financial compensation. A criminal case is brought by the government to punish the wrongdoer. They are completely separate proceedings — even if someone is acquitted in a criminal case, they can still be found liable in a civil wrongful death lawsuit.