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Denver Wrongful Death Lawyer

When a loved one dies, it is always a painful experience. It can be especially painful when that death occurs due to the negligence or intentional actions of another person. While nothing can ever bring back your loved one, the law does provide a way to hold the individual responsible for their death financially liable. While this compensation can never replace a person, it can help your family remain financially stable after the tragic loss. 

You should discuss your legal options regarding a Denver wrongful death case with one of the experienced and compassionate attorneys at The Frickey Law Firm. To set up a free consultation regarding a wrongful death claim, please contact us today at 303-237-7373 or fill out a contact form and we will reach out to you right away. 

What Is a Wrongful Death Claim?

A wrongful death claim is a civil claim against the person who caused the death of another. This is a lawsuit to recover financial damages that resulted from the loss of your loved one. These damages may include medical bills, funeral expenses, loss of wages, loss of consortium, property damage, loss of services the victim provided to the family, pain and suffering, and in some cases, punitive damages.

Wrongful death cases can result from: 

This is not a complete list. If you believe that your loved one may have died as the result of someone else’s negligence or intentional actions, you may want to speak with a Denver wrongful death attorney to learn more about your legal options. 

What Is the Process of a Wrongful Death Case?

A wrongful death case requires proof of four things: negligence, breach of duty, causation, and damages. Other factors may also be considered, but these are the major factors that are considered most heavily.

Negligence

Negligence means that the defendant (the individual accused of being responsible for the death) engaged in careless or reckless actions. In a wrongful death case, the plaintiff (the victim’s family) must prove the defendant acted negligently and that this negligence was directly responsible for the victim’s death. If the defendant took intentional action to cause harm, the negligence aspect is satisfied. 

Breach of Duty

Everyone has a duty to others in certain circumstances. For example, when you drive a car, you have a duty to obey the traffic laws and drive in a safe, courteous manner. If you text while driving and hit a pedestrian as a result, you have breached your duty. In a wrongful death claim, you must prove that the defendant had a duty toward your loved one. A Denver wrongful death attorney may be able to help you determine the duty the defendant had toward your loved one.

Causation

Once you have proven that the plaintiff had a duty toward your loved one and acted negligently, you must then prove that their actions caused your loved one’s death, either partially or entirely. In other words, you must show that if not for the plaintiff’s negligence, your loved one would still be alive. We can collect evidence such as eyewitness testimony, video footage, photographs, or medical records. Additionally, there may be professionals who can provide expert testimony that the plaintiff’s actions were the cause of the victim’s death. 

Damages

Finally, you must show measurable damages. These damages, as mentioned above, can include expenses directly related to the death such as medical bills and funeral expenses, as well as damages such as lost wages and loss of consortium. At The Frickey Law Firm, we understand that no amount of money can ever truly make up for the loss of someone you love. However, we also firmly believe that the responsible party should be held responsible. We will fight to help you get the financial compensation you deserve so you do not have to fight for such justice alone. 

Who Can File a Wrongful Death Case?

While many relatives may want to file a wrongful death case, the law limits who can do so. Specifically, there are four relatives who may file a wrongful death claim:

  • The deceased’s spouse
  • The deceased’s spouse and children (with written election of the spouse)
  • The deceased’s children (with written election of the spouse)
  • The deceased’s heirs or designated beneficiary (if they have no spouse or children)

If the person did not have a spouse or children and did not designate a beneficiary, their parents may bring the wrongful death lawsuit. 

In Denver, Colorado, the statute of limitations for a wrongful death case is two years with few exceptions. This is why it is critical to speak with a Denver wrongful death lawyer as soon as possible, despite the heaviness of the grief you may be feeling in the immediate aftermath of your loved one’s death. If it has been more than two years, you may still want to discuss your case with an attorney to learn if your loved one’s death falls under an exception. 

How Do I File a Wrongful Death Case?

A wrongful death case can be a lengthy process. While you only have two years to file your claim, resolving the claim may take multiple years. This is why it is important to file your claim as soon as possible.

The first step to filing a wrongful death case is to file the appropriate documents to begin a civil lawsuit. This is usually a petition or complaint and must include the grounds for the case as well as a summons or document informing the plaintiff that they are being sued. 

Filling out and filing these documents can be complicated and overwhelming when you are grieving. An experienced and compassionate Denver wrongful death attorney from The Frickey Law Firm can assist you with ensuring that your documents are properly filled out and filed so that your case can be heard and there can be justice for your loved one. 

Who Pays for a Wrongful Death Attorney?

Many people want to file a wrongful death claim but worry about the cost of hiring a wrongful death attorney in Denver. While attorney fees vary and are often determined on a case-by-case basis, many wrongful death attorneys work on a contingency basis. This means that if the wrongful death claim is successful, the attorney will take a percentage of the financial recovery as their fee. If the claim is unsuccessful, then the attorney does not get paid. In some instances, you may still need to pay for certain expenses, such as copies of medical records, postage, or filing fees. A consultation with one of our wrongful death lawyers can address your concerns about payment. 

How Is a Wrongful Death Claim’s Value Determined?

Most of us would agree that the value of a human life is immeasurable. When it comes to filing a wrongful death case, we must put a number to that value, though. We choose that number based on a variety of factors, both tangible and intangible. 

Tangible factors that influence the value of a wrongful death claim include lost wages, medical bills, property loss, and funeral expenses. Intangible factors include the loss of your loved one’s future earning potential, the loss of love, guidance and support your loved one provided, the pain and suffering you are enduring as a result of their death, and the pain and suffering your loved one endured before their death at the hands of the plaintiff. 

Contact Our Denver Wrongful Death Lawyers Today

Prevailing in a wrongful death claim requires expert legal knowledge and skill in crafting a persuasive case supported by evidence. Navigating the court system and meeting your burden of proof for a wrongful death claim in court are the last things you should be worried about when your loved one is killed due to someone else’s actions. Our team of experienced and seasoned Denver wrongful death lawyers are here to assist you. To set up a free consultation of your claim, please contact us today at 303-237-7373. 

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