Wrongful Death Lawyer in Grand Junction

Losing someone you love is incredibly hard – especially when it didn’t have to happen. If their death resulted from someone else’s careless or reckless actions, your family deserves the chance to get answers and take action. A wrongful death claim can help you hold that person or company responsible and recover money to help with the financial strain.

At The Wilhite Law Firm, our Grand Junction wrongful death attorneys are here to support you through it all. We’ll walk you through your options and stand by your side every step of the way.

If you’re ready to discuss things, call us at 970-579-4588 or use our online form. We’re here when you need us.

What Is Wrongful Death in Colorado?

A wrongful death happens when someone loses their life because of another person’s carelessness or intentional actions. In Colorado, these cases can come from all kinds of situations – car or truck accidents, medical mistakes, faulty products, work-related injuries, or even crimes.

If you’re in Grand Junction, certain family members may be able to file a wrongful death lawsuit. This kind of claim can help cover funeral expenses, lost income the person would’ve earned, and the emotional loss of having them gone.

Common Causes of Wrongful Death Cases

Fatal injuries can happen in any number of ways, but the most common causes our Grand Junction wrongful death attorneys handle include:

• Motor Vehicle Crashes – Especially those involving trucks or intoxicated drivers
• Medical Malpractice – Including surgical errors, misdiagnoses, or birth injuries
• Workplace Accidents – Particularly in construction, oil and gas, or agricultural sectors
• Defective Products – From automotive defects to dangerous consumer goods
• Nursing Home Neglect or Abuse – Such as inadequate supervision, untreated infections, or physical mistreatment

Each of these accidents may involve different parties and types of liability. An experienced accidental death attorney can investigate the circumstances, identify responsible parties, and build a strong case on your behalf.

Who Can File a Wrongful Death Claim in Colorado?

Colorado Revised Statutes § 13-21-201 to § 13-21-204 outline who has the legal right to bring a wrongful death claim:

• In the first year after death, only the surviving spouse can file a claim.
• In the second year, both the surviving spouse and children may file.
• If the deceased has no spouse or children, the parents can file.

An estate representative may also file a survival action on behalf of the estate to recover damages for medical expenses and pain suffered by the deceased before death.

Proving Fault in a Wrongful Death Case

To succeed in a wrongful death lawsuit, your attorney must prove the following elements:

• Duty of Care – The at-fault party owed a duty to act responsibly
• Breach of Duty – That duty was breached through negligence or misconduct
• Causation – The breach directly caused the fatal injury
• Damages – The death resulted in measurable harm to surviving family members

Establishing liability in fatal accidents often requires evidence like accident reports, medical records, expert testimony, and witness statements. The Wilhite Law Firm uses a team-based approach to dig deep into every case, gathering the proof needed to hold negligent parties accountable.

What Damages Can Be Recovered?

Compensation for wrongful death in Colorado may include both economic and non-economic damages:

• Funeral and burial expenses
• Lost wages and future earnings
• Loss of benefits (pensions, insurance, etc.)
• Loss of companionship, guidance, and emotional support
• Pain and suffering of surviving loved ones
• Medical expenses related to the final injury (through a survival action)

The court will also look at the relationship between the deceased and surviving family members when calculating wrongful death damages.

How Long Do You Have to File?

In Colorado, you usually have two years from the date of your loved one’s passing to file a wrongful death claim. But that timeline isn’t always set in stone. For example, if a government agency is involved or if the death happened in something like a hit-and-run, the rules can shift. In cases involving vehicular homicide where the driver left the scene of the accident, the deadline to file may be extended to four years instead of two.

If you wait too long, you could lose the chance to recover anything. That’s why it’s a good idea to reach out to a local wrongful death attorney sooner rather than later. At The Wilhite Law Firm, we’ll help you determine what deadlines apply to your case.

Wrongful Death Lawsuit Settlements: What to Expect

Every case is different, and no universal formula exists for valuing a wrongful death claim. That said, our attorneys have helped many families pursue full and fair settlements by building strong, evidence-based cases.

Factors that influence settlement amounts include:

• The age and health of the deceased
• Their earning potential and financial contributions to the household
• The severity of the negligence involved
• The emotional impact on surviving family members

While some cases settle out of court, others may require litigation. The Wilhite Law Firm prepares every case as if it will go to trial, often leading to better negotiation results.

FAQs About Wrongful Death in Grand Junction

Losing a loved one raises complex legal questions – here are a few answers to help you understand what to expect as you consider your options.

Can I file a wrongful death claim if the deceased did not have a will?

Yes. A wrongful death claim is entirely separate from a will or estate plan. If there is no will, the court will follow Colorado’s intestacy laws to determine who can act as the estate representative and who may benefit from a survival action.

What happens if more than one party is responsible for the death?

In cases involving multiple liable parties – like in a multi-vehicle crash or construction accident – you can pursue compensation from all responsible parties. Colorado follows modified comparative negligence rules so that liability can be split based on each party’s percentage of fault.

Are wrongful death settlements taxable?

Most of the time, wrongful death settlements aren’t taxed as income under federal law. But if part of the money includes punitive damages or interest, that portion might be taxable. It’s a good idea to talk to a tax professional before you agree to a settlement, just to be sure you know what to expect.

Can I still sue if the deceased had pre-existing health conditions?

Yes. A pre-existing condition does not excuse someone else’s negligence. If the fatal injury aggravated or worsened an existing condition, the responsible party can still be held liable under the “eggshell skull” rule.

If you have more questions, we encourage you to speak directly with a member of our team. We are here to support you.

Why Choose The Wilhite Law Firm?

Families in Grand Junction choose The Wilhite Law Firm because we treat every wrongful death case with urgency and care. Our team brings decades of experience and understands the unique challenges of these claims.

What sets us apart:

• Local Insight – We know the courts, judges, and insurers in Western Colorado.
• Compassionate Advocacy – You are not just a case number. We honor your loss.
• Proven Results – We have a strong track record of successful outcomes.
• No Fees Unless We Win – You do not pay unless we secure compensation for your family.

When you choose The Wilhite Law Firm, you gain more than a fatal accident lawyer. You gain a team that will stand by you every step of the way.

Call a Grand Junction Wrongful Death Attorney Today

There is no easy way to move forward after losing someone you love, but you do not have to go through this alone. The Wilhite Law Firm is here to help you make sense of what happened and fight for the justice your family deserves. Let us handle the legal process while you focus on healing.

Call 970-579-4588 or contact us through our online form to schedule your free, confidential consultation. You can also learn more about our personal injury services and how we serve families throughout Grand Junction and Western Colorado.