Denver WrongfulDeath Attorneys

Proof Required In A Denver, Colorado Wrongful Death Claim

To be successful in a Denver wrongful death claim, you will need to prove these elements:

1. The defendant owed a duty of care to your loved one.
2. The defendant breached that duty.
3. The defendant’s breach of duty caused the death of your loved one.
4. The damages you have suffered.

Although these elements seem straightforward, proving them can be complicated. You should seek the representation of a wrongful death attorney who has a track record of success. Dan Caplis Law has achieved record-setting results for our wrongful death clients.

We are a serious firm for serious cases. There is no more serious case than wrongful death. We treat all our clients the way we would treat our own families.

Compensation In Denver Wrongful Death Claims

If you are successful in a wrongful death lawsuit, you may be able to recover three broad types of damages:

• Economic damages
• Non-economic damages
• Exemplary/Punitive damages

The types of damages you will be able to recover will depend on the unique facts of your cases. Economic damages include the loss of financial support and benefits you would have received from your loved one had they lived. They also include funeral and burial expenses.

Calculating economic damages can be complicated when estimating the decedent’s life expectancy, earning capacity, and how they would have provided monetary support to the claimant. Non-economic damages include the pain and suffering, emotional distress, and loss of companionship you experience because of the death of your loved one.

Exemplary damages, also called punitive damages, are only awarded when the defendant was guilty of fraud, malice, or willful or wanton conduct. This type of damages is meant to punish the wrongdoer and to deter future similar behavior.

At Dan Caplis Law, we leave no stone unturned in determining liability and calculating the maximum damages owed to our clients.

Denver, Colorado Negligence Laws In Wrongful Death Claims

Colorado uses a modified comparative negligence rule in personal injury and wrongful death cases. That means that even if your loved one was partially at fault, you may still have the right to file a wrongful death claim.

In Denver wrongful death cases, if the deceased was less than fifty percent at fault, their survivors can file a claim for damages. However, any compensation award will be reduced by the percentage of fault assigned to the decedent.

For example, if the decedent was determined to be 20% at fault in the accident or incident that caused their death, the compensation awarded to their survivors would be reduced by 20%. In this example, if the compensation awarded to the survivors was $100,000, that award would be reduced by $20,000 (20% of the $100,000) and the survivors would receive $80,000.

Denver Wrongful Death Statute Of Limitations

A statute of limitations places a time limit on filing certain claims in civil court. If you file your suit after the statute of limitations deadline, the court will most likely dismiss your case.

In most Denver wrongful death cases, you have two years from the date of your loved one’s death to file your suit. If the decedent died in a hit-and-run vehicular homicide, the deadline for filing is extended to four years from the date of death.

You need to consult with a Denver wrongful death attorney as soon as possible after your loved one’s death. The attorneys at Dan Caplis Law can determine your deadline for filing your claim. If we represent you, we will immediately begin gathering essential evidence that could be lost or diminished over time. The sooner you act, the sooner we can begin building your strongest case to recover maximum compensation.

Contact Us Today

If you have lost a loved one due to another person’s wrongful actions, you may have the right to file a wrongful death claim to seek compensation for your losses. We would like to put our experienced, skillful wrongful death lawyers in Denver to work fighting for the full compensation you deserve.

Call us at (303) 770-5551 or visit our contact page today to schedule a free consultation.