When someone dies because of the negligent or wrongful act of another party in Colorado, certain loved ones of the deceased have the right to bring a Denver wrongful death claim.
No amount of money will ever fully compensate you for the loss of your loved one. However, holding the responsible party accountable can help empower grieving family members and bring some measure of closure.
Additionally, monetary awards can help ease the financial burdens caused by the death of your loved one.
At Dan Caplis Law, we have been compassionately and successfully representing wrongful death clients for decades and have achieved record setting results. We would like to do the same for you. If we represent you, we will fight tirelessly to recover the maximum compensation you deserve.
Call us today at (303) 770-5551 or visit our contact page to schedule a free consultation to discuss your case. We will sit down and listen to you, answer your questions, explain your rights, and help you choose your next steps.
Parties Who Can File a Wrongful Death Case in Denver, CO
In Colorado, only certain people can file a claim 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.
What is a Wrongful Death Case in Denver?
If a person is injured due to the fault of another party in Colorado, they have the right to bring a personal injury case against the party at fault. If the injured party dies as a result of their injuries, their survivors have the right to bring a wrongful death case against the party at fault.
The purpose of a wrongful death claim in Colorado is to compensate the survivors for the economic and non-economic damages they suffered due to the death of their loved one.
Wrongful death claims in Colorado are subject to the same defenses that would have applied in a personal injury case, had the decedent survived. For example, if the deceased was partially at fault for the incident that caused their death, the modified comparative negligence rules apply.
If the deceased was less than 50% at fault, his family can still bring a wrongful death claim, however, the compensation award will be reduced by the percentage of fault assigned to the deceased.
Generally, a wrongful death claim must be filed within two years of the date of death. It is important to act quickly to preserve your claim and gather important evidence. Vital evidence can be lost or diminished if it is not collected promptly.
Common Wrongful Death Cases in Denver
A wrongful death claim could arise in numerous ways. However, some of the most common wrongful death cases in Denver are due to:
- Car accidents
- Large truck accidents
- Motorcycle accidents
- Workplace accidents
- Premises liability accidents
- Products liability accidents
- Homicide
If you have lost a loved one due to another party’s wrongdoing, you should seek the advice and guidance of an experienced Denver wrongful death case lawyer.
Contact Dan Caplis Law Today
If you have lost a loved one due to the fault of another party, you may have the right to file a wrongful death claim. You should seek the advice and guidance of an experienced Denver wrongful death attorney to determine your rights.
Dan Caplis Law has decades of experience successfully representing Denver wrongful death clients. We are here to win big and would like to help you recover the full compensation you deserve.
Call us today at (303) 770-5551 or visit our contact page to schedule a free consultation. Our attorneys handle all cases with compassion and integrity. We will listen to you, answer your questions, and explain your rights.