The death of a beloved family member is a tragedy – one that can be even more devastating if it is caused by someone else’s negligence, recklessness, or deliberately harmful acts. Although money cannot bring your loved one back, the compensation from a wrongful death claim can provide a valuable financial lifeline during a difficult time. It’s also a way to hold the person responsible for your loved one’s death accountable. While you and your family heal, let an Aurora wrongful death lawyer from The Wilhite Law Firm pursue this justice on your behalf.
Over the four decades since we opened our doors in 1977, our legal team has grown from two partners to 26 attorneys and over 90 staff. This growth is a testament to the excellent legal representation and compassionate service we’ve provided to generations of Coloradans like you. We believe that no family should have to recover from the death of a loved one alone. That’s why we’re prepared to take on the big insurance companies and anyone else liable for the loss you’ve suffered.
Don’t wait another moment to demand the justice you deserve. Contact The Wilhite Law Firm for a free initial claim evaluation to learn more about what an experienced personal injury attorney from our firm can do in your time of need.
Wrongful death refers to a type of legal claim that arises when someone dies due to another party’s negligence or legal fault. In a wrongful death claim, eligible surviving family members demand compensation for the financial and emotional losses they suffer due to their loved one’s passing – a tragedy that would not have occurred but for the at-fault party’s action or inaction.
Filing a wrongful death claim involves navigating the complexities of Colorado wrongful death law. It requires a thorough investigation of the circumstances surrounding the death and proper representation during negotiations with insurance companies or in court if necessary. A wrongful death claim does not require proving that the at-fault party committed a crime that caused a victim’s death. Even acts of ordinary negligence can support a wrongful death claim, such as speeding that causes a car accident or careless property maintenance leading to a premises liability accident. Contact an Aurora wrongful death attorney today.
What Are Some Accidents That Can Result in a Wrongful Death?
A wrongful death claim can come from many of the same incidents that would lead to a personal injury claim had the accident victim survived their injuries. Common accidents that may result in a wrongful death case include:
In such cases, a wrongful death suit can be filed to determine liability, especially in situations involving negligent commercial truck drivers.
Who Can File a Wrongful Death Lawsuit in Colorado?
Colorado law specifies who may bring a wrongful death case. If a victim leaves behind a surviving spouse, only a surviving spouse may file a wrongful death lawsuit within the first year of the victim’s passing. However, the spouse may provide written authorization for the victim’s surviving children to file. If the victim isn’t married, their surviving children or designated beneficiary may file the wrongful death lawsuit within the first year.
In the second year following a victim’s death, any of the following may bring suit:
A surviving spouse
Any surviving children
The victim’s designated beneficiary
A surviving spouse and the surviving children
Surviving children and the designated beneficiary
When a victim’s surviving children file a wrongful death lawsuit, a surviving spouse or designated beneficiary has 90 days to join the lawsuit. If a victim has no surviving spouse, children, or designated beneficiary, their surviving parents may file a wrongful death lawsuit. A wrongful death attorney in Aurora can help you file a lawsuit.
What Is the Difference Between a Wrongful Death Claim and a Survival Action?
Although wrongful death claims and survival actions usually get filed simultaneously, they are distinct legal claims:
Wrongful death claim – A wrongful death claim seeks to recover compensation for the financial and personal losses that surviving family members experience due to their loved one’s passing. The financial recovery goes directly to the eligible family members.
Survival action – A survival action pursues compensation for losses that the victim incurred before their death, such as lost wages between their injury and their death, medical expenses for treating their final injury, and their conscious pain and suffering. It’s essentially for the personal injury claim the victim could have pursued had they not succumbed to their injuries. However, the compensation recovered goes to the victim’s estate.
Who Can Be Held Liable for a Wrongful Death?
Anyone who contributed to someone else’s death through negligence, recklessness, or willful harm could potentially be held liable by the victim’s survivors under Colorado law. Negligence is a legal term describing someone’s failure to fulfill a duty of care owed to another person that causes their injuries. Recklessness involves consciously ignoring a substantial risk that their actions may cause serious injury to another person.
Wrongful death claims may also arise when someone willfully injures another person, such as in an assault or homicide. One thing to remember is that wrongful death cases are civil matters, not criminal ones. A person who is found not guilty of the crime of murder could still be held liable in civil court. That’s because the burden of proof is lower in wrongful death cases than in criminal cases.
In wrongful death cases, as with other civil lawsuits, the burden of proof rests on the plaintiff – the party who initiates the lawsuit. In Colorado, this is typically the victim’s surviving family members or designated beneficiary. The standard of proof in these cases is typically “a preponderance of the evidence,” which is a lower threshold than the “beyond a reasonable doubt” standard used in criminal trials. Essentially, the plaintiff must prove that it is more likely than not that the defendant’s negligence or wrongful actions caused the death. Therefore, hiring an experienced Aurora wrongful death attorney is important to handle the emotional and legal challenges and to ensure that families receive justice and compensation for their loss.
Potentially Liable Parties in Wrongful Death Claim
Here are some examples of potentially liable parties in a wrongful death claim:
Negligent motorists – Drivers who cause accidents by breaking the rules of the road can be held accountable if those collisions prove fatal for others.
Medical providers – Healthcare professionals must provide their patients with care that meets generally accepted medical standards. When they fail in this obligation and fatally injure their patients, they can be held liable for medical malpractice.
Manufacturers of defective products – A company that releases an inherently unsafe product can be responsible if that product causes a user’s fatal injuries.
Criminal offenders – In the case of intentional harmful acts that lead to death, such as homicide, the perpetrator could be held liable for wrongful death. This can also extend to non-intentional acts involving illegal activities, such as a drunk driver causing a fatal accident.
Government entities – There are many ways a government entity could be at fault for a wrongful death. This can include when they fail to properly maintain a roadway, resulting in a fatal car accident. Or when someone is fatally injured by a known hazard at a government-run facility or property.
In some cases, several different parties can share fault. An experienced wrongful death lawyer in Aurora can review your case to determine all the parties you can hold liable for your loss. Our attorneys are skilled in identifying liable parties and advocating for justice and compensation on behalf of grieving families.
What Compensation Is Available in a Wrongful Death Claim?
While no amount of money will replace what your loved one meant to your family, you should not have to bear the financial consequences of a loss that someone else caused. Obtaining compensation from those responsible for your loved one’s death can provide your family with a measure of justice and closure.
With that in mind, a wrongful death claim can recover compensation for the survivors’ following losses:
Funeral and burial expenses
Compensation the victim would have earned over their lifetime
Pain and suffering
Emotional distress and grief
Loss of the victim’s companionship, society, affection, guidance, and protection
In most cases, Colorado law places a cap on the recovery for non-economic losses such as pain and suffering, grief, or loss of companionship. The cap regularly increases to account for inflation. However, this cap does not apply to wrongful death claims involving a first- or second-degree murder or manslaughter charge.
Is There a Time Limit for Filing a Wrongful Death Claim in Colorado?
Colorado law sets various deadlines for wrongful death claims, depending on the circumstances giving rise to the claim. Survivors typically must file a wrongful death lawsuit within two years of their loved one’s passing. In hit-and-run cases, that time limit may increase to four years.
Given the complexity of these various timelines, be sure to consult with an experienced wrongful death attorney in Aurora about which might apply to your case.
How Can a Wrongful Death Lawyer Help?
Losing a loved one can cause your family significant grief and emotional distress. You might feel overwhelmed with winding up your loved one’s affairs and learning to move on without them. But if your loved one’s passing occurred due to someone else’s actions, your family also deserves to seek justice and accountability.
Wrongful death lawyers can handle your case while you grieve and heal, including by:
Thoroughly investigating the circumstances of your loved one’s death to secure evidence for your wrongful death case
Identifying potentially liable parties and sources of compensation for your family, such as applicable insurance coverage
Evaluating your family’s legal options to determine what wrongful death claims you may have
Documenting your financial and personal losses to support your compensation demand
Preparing and filing insurance and legal claims on your family’s behalf
Aggressively negotiating for a maximum settlement of your family’s claims
Fighting for a full financial recovery in court and at trial to hold those at fault for your loved one’s death accountable
While you may have several years to bring your claim under Colorado’s statute of limitations on wrongful death cases, there are practical reasons to reach out to an experienced attorney as soon as possible. That way, they can gather and preserve evidence while it’s still fresh, building a stronger claim for compensation. They will also have more time to negotiate for a settlement, as the threat of a trial is one of your strongest bargaining chips when dealing with insurance companies. Reach out to a compassionate wrongful death attorney in Aurora to get started.
Contact an Aurora Wrongful Death Attorney
Have you lost a loved one because of someone else’s negligent, reckless, or intentional behavior? If so, you deserve to seek accountability and justice for your loved one’s passing and the loss you and your family have suffered. The Wilhite Law Firm wants to help you demand it. Our firm have been helping injured Coloradans and their families for more than four decades, and we’re proud of what we’ve accomplished on their behalf. Let our attorneys put our experience, tenacity, and dedication to work on your behalf – all at no upfront cost to you.
Ready to demand justice for what you’ve had to suffer? Then contact The Wilhite Law Firm today for a free, no-obligation consultation to discuss your family’s legal options with an Aurora wrongful death lawyer. We can get you the compensation you deserve.
Resources in Aurora, Colorado You Should Know
Here are some resources in Aurora, Colorado, for wrongful death victims and their families:
Aurora Police Department – Victim Assistance Program:
Contact: They may offer housing assistance and support for families facing housing challenges after a wrongful death.
Aurora Hospice Care:
Contact your local hospice organizations for support and counseling services, as they often have resources to assist families dealing with end-of-life issues.
These resources can provide emotional support, financial assistance, and community resources to families who have experienced the loss of a loved one due to wrongful death.
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