Denver Wrongful Death Lawyers
We would like to start by offering our sincerest condolences if you have recently lost a loved one as the result of another party’s negligence. This time can be emotionally and mentally difficult; taking the time to grieve is the first step towards healing.
When you feel that you are ready to pursue legal actions against the party that did you wrong, let the compassionate and skilled team of Denver injury attorneys at The Bourassa Law Group be with you every step of the way. We understand that while no amount of money can ever compensate for the loss you have endured, you may also be dealing with financial hardships as a result of this loss and thus need a means to financial recovery.
With our years of successful litigation experience combined with individualized care, our Denver wrongful death attorneys will work hard to help you secure the compensation you need to begin piecing your life back together.
Have you lost a loved one as the result of the negligence, recklessness, or misconduct of another party? Contact us today at (303) 331-6186 or reach out online for FREE confidential consultation.
Defining Wrongful Death in Colorado
Wrongful death is essentially when an individual loses their life due to an act of misconduct done by another individual, company, or entity. Colorado laws regarding wrongful death can be complex and focus on subjects such as the priority of beneficiaries, procedures of filing a wrongful death claim, and time frames for filing.
Proving negligence is an essential component of building a strong wrongful death claim. When filing for damages, our wrongful death attorneys will help you to establish proof of negligence by discovering an owed duty, violation of the duty, causation, and proving that the injuries suffered by the decedent are a result of the defendant’s actions.
It is important to note that Colorado does follow the “modified comparative fault” rule, which means compensation may be deducted by the percentage of fault that the decedent had in the accident, if any. So for instance, if you are able to recover $100,000 in damages, but your loved one was 25 percent responsible for the accident, under comparative fault you would only be able to recover $75,000.
At The Bourassa Law Group we don’t just demand your trust, we work hard to earn it. Contact us today at (303) 331-6186 to learn more about how we can help you file a wrongful death claim.
Common Types of Wrongful Death Cases
The Colorado wrongful death attorneys of The Bourassa Law Group have experience handling wrongful death cases that occur as the result of various factors or types of accidents. We are dedicated to bringing these negligent parties to justice for the tremendous loss and pain they have caused you.
Our team is prepared to serve you and have experience handling these common types of wrongful death claims:
- Car accidents caused by:
- Reckless driving
- Distracted driving
- Road obstructions
- Drunk driving
- Car part malfunction
- Truck accidents caused by:
- Aggressive driving
- Driving error
- Adverse weather conditions
- Truck company negligence
- Truck part malfunction
- Driving under the influence
- Medical malpractice:
- Improper care
- Treatment error
- Defective products:
- Pharmaceutical products
- Toxic food products
- Dangerous toy and child products
- Defective vehicles or parts
- Workplace accidents:
- Fatal slip and fall
- Malfunctioning machinery
- Unsafe work condition
- Negligent work safety practices
Depending on the circumstances of your individual case, more than one party may be responsible for the loss you have suffered. Defendants may include individuals, businesses, pharmaceutical companies, employers, or other entities.
Contact The Bourassa Law Group right now at (303) 331-6186 for a FREE confidential consultation with one of our trustworthy Denver wrongful death attorneys.
Who is Eligible to File a Wrongful Death Claim
The State of Colorado has certain laws in place that dictate who is able to file a wrongful death claim.
1st Year After Death
Generally, the surviving spouse of the decedent has the sole right to make a wrongful death claim on behalf of themselves, the decedent’s heirs and other certain designated beneficiaries within the first year after death.
This means that the spouse (husband or wife if there is one) has priority in recovering damages for themselves and children of the deceased. Once the damages are awarded to them, they must uphold the duty of fairly distributing the funds to other designated recipients.
If there is no surviving spouse, the heirs may file the lawsuit. If there is no spouse or heir(s), the decedent’s parents may file the claim.
2nd Year After Death
In the second year after the decedent’s passing, both the spouse and other surviving beneficiaries may recover damages through the pursuit of a wrongful death claim, either separately or together.
If the decedent does not have a spouse or children, then the parents may file for a claim within the second year as well.
The same applies if the decedent is divorced, separated, or living apart from any spouse or child, in which case the parents of the decedent must file a motion to request that the court or person that distributes the award fairly apportion the damages.
Recoverable Damages in a Colorado Wrongful Death Claim
There is no ‘standard amount of damages’ that can be recovered in a wrongful death claim, however, there are particular circumstances that can increase the value of the claim and how much is able to be recovered.
As per Colorado law, those legally able to recover compensation from a wrongful death claim are able to secure economic and noneconomic damages. It is worth noting, however, that noneconomic damages are subject to a cap.
Family members of victims of wrongful death claim can pursue damages for losses that include:
- Wages and other earnings that will have been lost due to a loved one’s passing.
- Benefits from life insurances and other employment benefits the decedent was covered by.
- Inheritance that the survivor(s) would have received.
- Loss of love, companionship, protection, care, safety, and affection of the descendant.
- Expenses related to loved one’s medical, hospital, and emergency bills from final illness and treatment.
- Funeral and burial expenses.
Other damages that can be pursued may include punitive damages. These damages may be recovered in instances where criminal wrongdoing or purposeful misconduct caused the decedent’s passing. These damages are meant to serve as a form of punishment for the wrongdoer in attempt to reprimand bad behavior and prevent such behavior in the future.
The Bourassa Law Group prioritizes our clients well being and will do everything we can to help you secure a fair and meaningful settlement. You should not suffer financial difficulties as a result of your loved one’s death due to another party’s negligence. Call us today at (303) 331-6186 for outstanding care.
How The Bourassa Law Group Can Serve You
Wrongful death claims in Colorado have a lot of conditions, and the assistance of a seasoned attorney can best help you navigate the complex legal processes associated with successfully litigating your lawsuit.
With a supporting team of medical professionals, accident research specialists, and investigators, we will do everything we can during the discovery process to develop the strongest claim possible for you.
Our team of Colorado attorneys will work diligently to collection all essential evidence including:
- Physical evidence from the accident scene
- Photographs and video evidence
- Police and accident reports
- Eye witness accounts
- Expert witness accounts
- Death certificates
These forms of evidence can assist in assigning negligence to the guilty party. Furthermore, our legal team will review medical records and analyze relevant reports to prepare legal documents, and even help you negotiate with difficult insurance companies.
Our job is to alleviate you of the stress and uncertainty of all legal dealings in your wrongful death claim. We know that during this time you will want to focus on healing and recovering with your family. We will be with you every step of the way, providing updates on your case through clear communication.
You can feel at ease knowing that The Bourassa Law Group has the necessary knowledge and skill set to handle your case and help you to recover a maximum settlement for the damages you have suffered. We will fight back against difficult parties that may try and reduce your claim, and are more than capable of handling your case in court if it comes to that.
Legal recovery can help alleviate financial stress caused by the loss of your loved one and help you in the healing process. Call our compassionate team of Denver wrongful death attorneys of The Bourassa Law Group right now at (303) 331-6186 or fill out a contact request form for a FREE, no-obligation consultation.
You do not have to suffer alone. The team of The Bourassa Law Group is here for you during this difficult time.
Frequently asked questions
The legal definition of a personal injury is when someone’s failure to use reasonable care in a particular situation results in another person’s physical, emotional, or psychological injury. Personal injury cases often rely on the elements of negligence to prove the responsible party’s actions were the cause of the other party’s injuries.
The length of a personal injury case depends on the type of case and various factors, such as the severity of the injury sustained and the duration of necessary treatment. A car accident case might take six months to resolve, while a wrongful death lawsuit could take two years. It all depends on the circumstances surrounding the case.
No. Whether you got hurt in a car accident or on someone else’s property, you should never speak with their liability insurance company about the claim. They try to save money whenever possible and could attempt to trick you into accepting a low settlement amount or intimidate you into dropping the case. Your Denver personal injury lawyer will handle all communication on your behalf.
It depends. A vast majority of personal injury cases settle out of court. When we file a claim with the insurance company, we’ll submit evidence that proves you deserve compensation for your injuries. Sometimes the insurer is willing to settle. Other times, they deny the claim or provide a settlement much lower than you deserve. Under those circumstances, we will file a lawsuit and take the case to court.
Mediation is a step during a lawsuit where both sides meet to try to reach an agreement. The mediator listens to the arguments on both the plaintiff’s and the defendant’s sides and attempts to resolve the issue. If they can reach an agreement, they will settle out of court, and the case will get dismissed. If they can’t resolve the matter, the case will proceed to trial.