Losing a loved one in an accidental death can cause emotional pain and suffering as well as financial hardship for a family. The emotional burden of the loss can make it very difficult to move forward. You need trusted legal guidance from an experienced attorney who understands the ordeal that you and your family are experiencing. Contact a Denver wrongful death lawyer from The Wilhite Law Firm today.
In cases of Colorado wrongful death, it is crucial to seek legal guidance and support for families who have lost a loved one due to negligence or wrongful actions. Selecting experienced Colorado wrongful death lawyers who can effectively advocate for the rights of grieving families is essential.
Our compassionate personal injury attorneys at The Wilhite Law Firm firmly believe that people who suffer a death in the family as a result of the negligence of others should not have to bear the financial and emotional impact of that loss alone. We are guided by our law firm’s heritage of justice and our 4 Core Values. While nothing can replace your lost loved one, it is important that your family maintain financial stability and not be burdened with medical debt.
If your family member has died in an accident caused by someone else’s carelessness, our wrongful death attorneys want to talk with you. Our compassionate team of lawyers will answer your questions and explain your legal options during a free consultation.
What Is A Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil lawsuit in which the survivors of an individual who has been killed as a result of someone else’s negligence or misconduct sue for compensation for their grief and financial hardship. The lawsuit is typically filed against the person, business, or other entity that is believed to be responsible for the death.
A wrongful death action may arise from a wrongful act such as negligence, recklessness, or intentional acts. This can include an accidental death, such as a car crash, or a malicious act, such as a violent assault.
Sometimes, a death may result in both criminal charges and a wrongful death lawsuit being filed. For example, a drunk driver who causes a fatal accident may be charged with vehicular homicide and also be sued by the family of the person killed. The criminal charges and civil lawsuits proceed separately. A criminal prosecution is intended to punish a wrongdoer and is brought by the police and government prosecutors. A wrongful death lawsuit is a separate civil action filed by the survivors to obtain monetary compensation, often with the assistance of a Denver wrongful death attorney.
Elements of a Wrongful Death Claim
A wrongful death claim is a type of lawsuit that can be filed by surviving family members when a loved one is killed due to another party’s negligence or intentional acts. To win a wrongful death lawsuit, several key elements must be established. These elements include:
Duty: The defendant had a duty to act with reasonable care to prevent harm to the deceased.
Breach: The defendant breached their duty by acting negligently or intentionally.
Causation: The defendant’s breach of duty caused the death of the deceased.
Damages: The surviving family members suffered damages as a result of the deceased’s death.
If these elements can be proven, the surviving family members may be entitled to fair compensation for their losses. Establishing these elements requires a thorough understanding of wrongful death law and the ability to present compelling evidence. An experienced wrongful death attorney in Denver can help navigate this complex process and advocate for the rights of the grieving family.
How a Denver Wrongful Death Lawsuit Works: What to Expect
Pursuing a wrongful death claim in Colorado involves several distinct stages. Knowing what lies ahead can help your family make informed decisions during an incredibly difficult time. Here is what the process typically looks like when you work with us:
Free case review. Call or chat with our team, day or night, and we will listen to what happened. We can help you determine whether your family has a viable claim and what your legal options are. This initial review comes at no cost and no obligation.
Investigation. We immediately begin building your case by collecting police reports, medical records, witness statements, surveillance footage, and any other evidence that establishes fault. Timeliness matters, as critical evidence can disappear quickly after a fatal accident. Therefore, we get started without delay.
Identifying all liable parties. Colorado wrongful death cases often involve more than one responsible party. A trucking company, a property owner, a product manufacturer, or a government entity may share liability alongside the individual at fault. We will identify every party whose negligence contributed to your loved one’s death.
Filing the claim and negotiating. Colorado insurers will work hard to minimize what they pay. We will counter those tactics aggressively and negotiate for the full compensation your family deserves. We can communicate entirely on your behalf so that you don’t feel pushed around or harassed by insurers.
Litigation, if necessary. If a fair settlement cannot be reached, we will not hesitate to take your case to court. Our trial attorneys have the courtroom experience to stand in front of a Denver jury and fight for justice. Our motto is Wilhite Wins, and we will not stop until we have exhausted every avenue on your behalf.
Who Can File a Claim?
To collect compensation for a wrongful death, the individual or group of individuals filing the civil lawsuit must show that a loved one’s death was caused by negligence. They can also show that there was a disregard for safety, or an intentional act of another person or entity.
Colorado law allows families that have been harmed by the wrongful acts of others to file a lawsuit and seek compensation for the loss. The statute of limitations in Colorado requires that the lawsuit be filed within two years of the death. It is crucial to hire a Denver wrongful death attorney to navigate the legal complexities and ensure fair compensation.
The experienced wrongful death lawyers in Denver from The Wilhite Law Firm can help you pursue compensation if your family has lost a loved one as a result of someone else’s carelessness or intentional acts. We have extensive experience handling wrongful death lawsuits and the resources needed to pursue these claims.
Who Is Eligible to File a Wrongful Death Case?
Colorado’s wrongful death statute allows the close relatives such as the spouse or children who were economically dependent on the deceased person to file a wrongful death claim.
Wrongful death claims can arise from various scenarios, including medical malpractice, car accidents, and workplace incidents. It is crucial to initiate legal action promptly, as timing is essential in these cases.
Colorado law gives the surviving spouse priority in filing a wrongful death lawsuit in the first year after the death. If the deceased individual is unmarried and does not have children, then the parents of the accident victim are entitled to file a claim. Other potential heirs, such as siblings or nieces and nephews, are not permitted to file a wrongful death claim in Colorado.
In addition, Colorado law gives the designated beneficiary the right to bring a wrongful death claim. The law defines a designated beneficiary as one who has entered into an agreement with another person for each to designate the other as their beneficiary. Contact our Denver accidental death attorney today.
What Are Common Types of Wrongful Death Cases?
There are a number of scenarios in which an individual or business may be held liable through a wrongful death claim for damages.
Wrongful death claims often involve motor vehicle accidents such as fatal car crashes caused by careless drivers or intoxicated drivers. Motorcycle crashes, bicycle accidents, and pedestrian accidents that involve deaths also may be the basis of a wrongful death lawsuit.
Fatal workplace accidents may lead to a wrongful death claim. The family of a worker who is killed in an on-the-job accident cannot file a lawsuit against the worker’s immediate employer. But the family of the deceased may be entitled to sue others for compensation. This can include another contractor working on the same job site or a manufacturer of an unsafe piece of machinery that caused the death.
A preventable medical error by a doctor or other health care provider leading to a patient’s death may be the basis of a wrongful death lawsuit.
The knowledgeable Denver wrongful death lawyers at The Wilhite Law Firm offer a free consultation. We can review the details of your loved one’s death and discuss your legal options for holding those who caused the death accountable. Hiring a local attorney is crucial to navigate the complexities of these cases and ensure fair compensation.
What Damages Can Be Claimed in a Wrongful Death Claim?
Colorado law allows the recovery of both economic and non-economic damages related to the loss of a close family member. Select experienced Colorado wrongful death lawyers with extensive resources to effectively advocate for the client’s rights.
Economic damages can include the funeral expenses of the deceased. It can also include the loss of financial benefits that you would have received from your loved one if he or she had lived. For example, if your husband who supported the family dies, you may seek compensation through a wrongful death claim. You can claim compensation for his past and future earnings. Estimating the dollar value of financial benefits is complicated. It involves taking into account many factors including the age and life expectancy of the person who died, their earning capacity, and their disposition to provide monetary support.
Exemplary damages, sometimes referred to as punitive damages, may be in order in a wrongful death accident. They are awarded because the conduct of the responsible party was intentional, malicious, or outrageous.
The types of compensation that are appropriate to seek depend on the specific facts of the case. Let our wrongful death attorneys review the details of your loved one’s death. We can also discuss what types of compensation are appropriate to seek. A wrongful death lawyer in Denver can help secure the appropriate types of compensation for your loss.
Do I Need a Wrongful Death Lawyer in Colorado to File a Lawsuit?
Understanding and following Colorado laws pertaining to wrongful death claims can be complicated. The stakes are higher because a death is involved. The insurance company representing the at-fault party will have attorneys looking out for the insurer’s financial interests. You should have an experienced Denver wrongful death attorney fighting for justice for you and your loved ones. The insurer will try to pay the least amount possible to resolve the claim. Without the assistance of a seasoned attorney who has experience dealing with insurance companies, you may receive a fraction of the amount you should receive. Colorado wrongful death claims are complex, and having an experienced attorney can handle these complexities and address the emotional and financial challenges faced by grieving families.
Contact The Wilhite Law Firm immediately so that our experienced legal professionals can start an investigation into the cause of the death. The sooner you call, the faster we can get to work. We can help you identify the responsible parties, gather evidence, find surveillance tapes, and preserve the integrity of evidence from the accident scene. Security camera and traffic cam videotapes may show how an accident occurred. However, it may be recorded over in a matter of weeks if it is not preserved as evidence.
Why You Should Contact a Denver Wrongful Death Attorney From The Wilhite Law Firm
We will estimate your economic and non-economic losses resulting from your loved one’s death. Based on having handled thousands of personal injury and wrongful death cases, our wrongful death law firm will have a well-developed sense of the value of your claim. We will negotiate on your behalf for a maximum settlement. If the insurer refuses to agree to a reasonable settlement, our attorneys will be prepared to seek justice in court. At The Wilhite Law Firm, we are experienced trial attorneys who take pride in our law firm’s heritage of justice.
Whether someone you love has died in a fatal car accident or a workplace accident, our firm can help you. A Denver wrongful death lawyer from The Wilhite Law Firm has the resources and experience to represent you effectively. Contact us at (303) 466-3529. We are available 24 hours a day, seven days a week, to talk with you.
Wrongful Death FAQs
Does a criminal conviction have to happen before we can file a civil wrongful death claim?
No, because a wrongful death lawsuit is a civil action, entirely separate from any criminal case. A not-guilty verdict or lack of criminal charges does not close the door on your family’s right to seek civil justice.
What if our loved one shared some responsibility for the accident that killed them?
Colorado’s modified comparative fault rule specifies that as long as your loved one was not more than 50 percent responsible for what happened, your family can still recover compensation. It is important to note, however, that the amount surviving family members are eligible to receive will be reduced proportionally to the victim’s level of fault.
How soon can Denver families expect a wrongful death case to be resolved?
Every case is different, but many wrongful death claims in Colorado settle within several months. If the at-fault party’s insurer refuses to offer fair compensation, we will take the case to trial, which is a process that can take longer but often results in greater recovery.
Will we have to pay anything upfront to hire your firm?
You owe nothing unless we win — that’s our contingency fee promise. Even then, any compensation we receive is paid from a portion of however much we recover for you.
What makes The Wilhite Law Firm different from other Denver wrongful death firms?
We have been fighting for Colorado families since 1977, which is longer than many firms in this state have existed. We combine the resources of a large firm with the personal attention of a firm that treats every client as an individual, not a case number.
Resources You Could Access in Denver, CO
Here are some resources in Denver that can help victims of wrongful death:
Contact: While not located in Denver, they provide resources and support for children and families coping with grief and loss.
Please reach out to these organizations for guidance, support, and resources specific to your situation. They can help you handle the challenges associated with wrongful death and provide the assistance you may need.
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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.
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Contact The Wilhite Law Firm immediately so that our experienced legal professionals can start an investigation into the cause of the death. The sooner you call, the faster we can get to work. We can help you identify the responsible parties, gather evidence, find surveillance tapes, and preserve the integrity of evidence from the accident scene. Security camera and 
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