Every time a drunk or drugged driver gets behind the wheel they know they could easily kill innocent people. But they do it anyway. It is vicious behavior that should be punished to the full extent of the law.
Which includes forcing drunk drivers to pay maximum monetary damages. Dan Caplis Law has spent the past 40 years forcing drunk drivers to pay maximum compensation to the victims of those they have killed and maimed.
According to Mothers Against Drunk Driving (MADD), 37 people die each day in drunk driving accidents in the United States. In a recent year, 13, 524 people were killed across the nation in these completely preventable accidents.
Shockingly, about 32% of all traffic crashes involve drunk drivers in our country according to the National Highway Safety Administration.
Dan Caplis Law has decades of experience achieving record-setting results for wrongful death clients. We handle all our cases with compassion and integrity. Let us help guide you in this difficult time.
Call us at (303) 770-5551 or visit our contact page today to schedule a free consultation to discuss your case.
Proving a Denver Wrongful Death Drunk Driving Accident Claim
In all Colorado wrongful death actions, you must prove these elements. They are:
- The defendant owed the deceased a duty of care.
- The defendant breached that duty of care by negligent or wrongful action.
- The negligent or wrongful action directly caused the deceased’s death.
- You suffered damages due to the decedent’s death.
Every driver owes a duty of care to other drivers and passengers on the road. That duty is to drive their vehicles safely and responsibly to avoid endangering others.
Driving drunk violates the duty of care a driver owes and makes them liable for any damages So, you will need to prove that the driver was drunk.
In Colorado, it is illegal to drive a vehicle with a blood alcohol content (BAC) of 0.05% or more. If a driver’s BAC is greater than 0.08% they can also be convicted of DUI Per Se.
Important evidence to prove this could be the results of chemical tests showing the driver’s BAC at the time of the accident. Other strong evidence could be the accident report or any police report of criminal charges filed against the driver. Eye witness statements and expert witness testimony may also be used as evidence.
Proving that the defendant’s negligence or wrongful actions caused the decedent’s death may be done by using medical reports, accident reports, police reports, autopsy results, and expert witnesses.
If you have had a loved one taken from you through the reckless actions of a drunk driver contact Dan Caplis and our other fatal car accident attorneys in Denver to pursue a wrongful death claim.
Recoverable Damages in Denver Wrongful Death Drunk Driving Accidents
For the past 40 years Dan Caplis has made it his mission to force drunk drivers to pay fully for what they have taken from the victims and survivors. Dan Caplis Law knows how to employ Colorado Law to maximize the amount of the financial recovery in each category of damages that Colorado law provides. Colorado law allows certain family members or representatives to recover damages caused by their loved one’s death. The type of damages you may be able to recover include economic, non-economic, and exemplary/punitive damages.
Economic damages include expenses such as final medical expenses caused by the incident, funeral and burial costs as well as lost income and benefits the deceased would have provided. At Dan Caplis Law, we use expert economists to help calculate these losses, especially future losses, accurately.
Non-economic losses are the most important losses. This category includes the grief and loss of companionship that the victim’s loved ones suffer for the rest of their lives. Dan Caplis Law has a proven ability to prove these enormous losses and to recover very large settlement
Punitive or Exemplary damages are only granted in cases in which the defendant’s conduct is egregious, malicious, or fraudulent. In some drunk driving cases, punitive damages may be awarded to punish the drunk driver and to deter similar behavior in the future.
Proving damages is no easy or simple matter. You need an experienced Denver wrongful death attorney with the resources and skills to build your strongest case. At Dan Caplis Law, we are here to win big for our clients. Let us win big for you!
Who Can File a Claim After a Fatal Drunk Driving Accident in Denver?
In Colorado, only certain people can file a wrongful death claim.
If the deceased was married, had children, or had designated a beneficiary, then:
In the first year after death, a claim may only be brought by the surviving spouse, unless the surviving spouse gives the right to file to the surviving children or chooses to file jointly with them.
If there is no surviving spouse, a wrongful death claim may be brought by the surviving children or designated beneficiary.
After the first year, any of the following may file a wrongful death case:
- The surviving spouse
- The surviving children
- The surviving spouse and children together, or
- The eligible designated beneficiary and the surviving children
If the surviving children bring a wrongful death lawsuit, the surviving spouse and the designated beneficiary have ninety days to join the suit.
If the deceased was unmarried and had no children or designated beneficiary, then the parents may file a wrongful death action.
A new Colorado law (HB 24-1472) gives siblings and their heirs (nieces/nephews) limited rights to file a wrongful death claim.
For cases arising after January 1, 2025, Siblings and their heirs can file a wrongful death claim if the person who was killed does not have a spouse, an heir or a designated beneficiary, or is an unmarried minor without a father or a mother, or is an unmarried adult without a mother, father or descendants, siblings and their heirs the siblings and other heirs of the deceased may be able to file a claim.
Contact Our Denver Fatal Drunk Driving Attorneys Today
If you have lost a loved one due to a drunk driver, our drunk driving attorneys in Denver want to help. We understand that no amount of money can compensate for your losses.
However, achieving justice for your loved one can aid your healing. Likewise, monetary awards can help ease the burdens caused by your loved one’s death.
Dan Caplis Law is not your ordinary personal injury law firm. We handle every case with compassion and integrity. We are not just your attorneys, we are your neighbors in this community.
While we believe in peace through strength, we also believe in winning big for our clients. We take the high road, but we are always aggressive and determined to achieve maximum compensation for you.
Call us at (303) 770-5551 today or visit our contact page to schedule a free consultation. We will sit down with you and listen to you. We will answer your questions and explain your rights. And if we represent you, we will fight tirelessly for your rights to receive justice and the maximum compensation you deserve.