The grief and pain of losing a loved one can feel much worse when a family member passes away because of someone’s negligent or wrongful acts. Colorado law allows you and your family to recover compensation from those responsible for your loved one’s passing through a wrongful death claim. A Boulder wrongful death lawyer from The Wilhite Law Firm can help you recover some measure of justice for your loved one.
At The Wilhite Law Firm, we believe that you should not have to shoulder the financial consequences of your loved one’s passing at the hands of others. Although we understand no amount of money can replace your loved one, we will fight to ensure that their death does not negatively impact your family’s financial stability and to hold those at fault for your loved one’s death accountable for their actions.
Reach out to The Wilhite Law Firm for a free initial case review to learn more about what a skilled personal injury attorney from our firm can do to help your family recover financial compensation after the devastating loss of your loved one.
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What Is a Wrongful Death Claim?
A wrongful death claim is a type of legal action in which the surviving heirs and dependents of a deceased individual can recover financial compensation for the economic and emotional losses they suffered because of their family member’s death. A wrongful death claim is a type of civil lawsuit, which has a lower burden of proof compared to criminal cases. It is a civil claim and is distinct from any criminal charges filed regarding the matter.
What Kinds of Accidents Can Give Rise to a Wrongful Death Claim?
Many kinds of accidents that would normally lead to a personal injury claim can also give rise to a wrongful death case when the accident victim passes away from their injuries. At The Wilhite Law Firm, our Boulder wrongful death attorneys represent families who have lost loved ones in accidents such as:
These accidents can lead to a wrongful death action, which is a legal proceeding initiated by the surviving family members to seek financial and emotional compensation for their loss.
If your family has a loved one whose death was caused by an accident, let our firm help you pursue the financial compensation and justice you deserve.
What Must Be Proven to Win a Wrongful Death Lawsuit?
Most wrongful death claims are based on the legal theory of negligence. In Colorado law, you must provide the same type of evidence that would be required in a personal injury claim and that the death was caused by the accident. This will primarily center upon proving the defendant’s careless actions and their link to your loved one’s death. Hiring an experienced wrongful death lawyer in Boulder can help you gather the necessary evidence and build a strong case.
What Financial Recovery is Available in a Wrongful Death Claim?
A financial award in a wrongful death case can include compensation for:
Your loved one’s funeral and burial expenses
The loss of your loved one’s income, wages, and financial contribution to the family, including the loss of the growth of their assets and estate if they had lived
Value of the household services performed by your loved one
Loss of consortium
Loss of your loved one’s companionship, society, affection, care, and guidance
Emotional pain and distress that you and your family experience at the loss of your loved one
How much do workers’ compensation pay in Colorado? Financial recovery in a Colorado wrongful death claim is also subject to a statutory cap on non-economic losses, such as emotional pain, grief, and loss of companionship. When enacted, the statute limited recovery for non-economic losses to $250,000. However, this cap increases every two years according to inflation, and it may exceed $500,000. A Boulder wrongful death attorney can help you understand what you could be eligible to pursue during a personal meeting.
Who May Bring a Wrongful Death Lawsuit in Colorado?
Although a family member’s passing can affect the whole family, only certain relatives are entitled to file a wrongful death claim under Colorado law. In the first year after a decedent’s death, only the surviving spouse may file a wrongful death case. If the decedent had no surviving spouse, the claim may be filed by their surviving children or a designated beneficiary. These individuals are eligible to file a wrongful death suit.
After the first year following a decedent’s death, a wrongful death claim may be brought by:
A surviving spouse
Surviving children
An eligible designated beneficiary
When any of these individuals file a wrongful death lawsuit, all other eligible individuals may join the suit within 90 days of its filing.
Finally, if a decedent left no surviving spouse, children, or designated beneficiary, the wrongful death claim may be brought by the decedent’s surviving parent or parents.
Only the above individuals have a right to compensation recovered from a wrongful death lawsuit in Colorado. Connect with a Boulder wrongful death attorney to learn more.
How Long Do You Have to File a Wrongful Death Lawsuit in Colorado?
Under Colorado’s statute of limitation on wrongful death claims, you and your family typically have two years from the date of your loved one’s passing to file a lawsuit against the party or parties responsible for their death. However, if your loved one’s death occurred because of a hit-and-run motor vehicle accident, your family may have as long as four years to file suit. Wrongful death litigation must be initiated within these specified time limits to ensure the case is heard.
If you file a lawsuit after the statute of limitations expires on your claim, the court will be barred from hearing your case, and your family will lose the opportunity to hold the at-fault party accountable. Contact our Boulder accidental death lawyer today.
How a Boulder Wrongful Death Lawyer Can Help
Pursuing a wrongful death claim can quickly become a complex, time-consuming process. Seeking help from Boulder wrongful death attorneys is important as they provide vital support to get the justice you need.
Preparing and filing a wrongful death claim can also be difficult and painful for you and your family while you are still grieving and emotionally recovering from your loved one’s passing. Let a personal injury lawyer from The Wilhite Law Firm handle the legal legwork for you.
Our firm can assist you by:
Investigating the facts and circumstances of the accident that caused your loved one’s death
Gathering documentation to calculate your family’s losses so we know what kind of compensation to pursue for you
Keeping you updated on the progress of your case and answering your questions as they arise
Identifying the liable parties and potential sources of compensation in your case, including insurance coverage
Working with expert witnesses when needed to help us argue the other side’s liability or to show the losses that you and your family have incurred
Filing your claims with the insurance companies and at-fault parties to begin aggressively pursuing maximum compensation for your family through a settlement, if possible
Litigating your family’s claim in court when going to trial becomes necessary to demand accountability for your loved one’s death
Contact Us to Talk to an Experienced Boulder Wrongful Death Attorney
Don’t wait until it is too late to pursue justice. If you’ve lost a loved one due to someone else’s negligence or an intentional act, seek help from our firm. An experienced wrongful death lawyer is important in handling the financial and emotional issues of such cases. Contact The Wilhite Law Firm for a free, no-obligation consultation. Our team of knowledgeable Boulder wrongful death lawyers can help you get the compensation you deserve. Contact us online or call us at (303) 466-3529.
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Fernanda Vargas
5 star service. They explained the process in detail and got great results. Thanks again!
Merari Hernandez
I’m so glad I reached out to Wilhite Law Firm after I was injured in a car accident. They made the process super easy. Thank you!
Carolay Rodriguez Torres
I had a great experience with Marianella. They got me the maximum out of my case! I would recommend them to anyone!
Beltrán Rodriguez
Great staff! They are always available to answer questions and concerns and care about their clients!
Edna Morán
I was extremely happy with the results that was achieved by my attorney at Wilhite Law Firm. Thanks Marianella!
Cristina Jiménez Durán
Excellent service, very grateful for the professionalism, attention throughout my process and the human quality of Mateo López.
Sebastian Tovar
I would like to thank Marianella from the Wilhite law firm for the hard work in getting a full policy limit from both insurances in my case. Highly recommend!
Alejandro
Marianella helped me get the compensation I deserved for my injuries and also made sure that I received the proper medical care I needed. Thank you!
Jorge Lopez
I had the pleasure of working with Vanessa and Marianella, who handled my case. They were very professional and great at communication.
A Texas native, Rob is the firm’s Managing Partner in charge of Litigation, overseeing all the firm’s cases. He has guided numerous cases to noteworthy conclusions for his clients, including a $9 million recovery for a defective product.
Colorado & Texas 
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