Aurora Wrongful Death Lawyer

Losing a loved one due to someone else’s negligence or wrongdoing is an experience that no one should have to endure. If you’re in Aurora, Colorado, and find yourself in this heartbreaking situation, you may be feeling overwhelmed, confused, and unsure of where to turn for help. You also probably feel an intense sense of injustice and want to hold the negligent party accountable for your loss. An Aurora wrongful death lawyer can provide the guidance, support, and aggressive advocacy you need during this difficult time.

At Franklin D. Azar & Associates, P.C., we understand the pain and suffering you’re going through. We know that no amount of money can bring back your loved one or fully heal the wound left by their absence. However, seeking justice and fair compensation can help ease the burden of unexpected expenses and provide some measure of justice and closure.

Our dedicated team is here to listen to your story, answer your questions, and help you understand your legal options. Reach out to us for a free consultation to discuss your case and learn how we can help you move forward.

What Is Wrongful Death in Colorado?

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In Colorado, a wrongful death occurs when someone dies because of another party’s negligent, reckless, or intentional actions. This legal concept allows eligible surviving family members to seek compensation for their loss. The damages you can recover with an attorney’s help aim to help cover expenses and provide financial stability in the wake of tragedy.

Wrongful death claims differ from criminal cases in that they’re civil actions. While a criminal case seeks to punish the responsible party through the justice system, a wrongful death claim aims to provide financial compensation to the deceased’s family. Keep in mind that you can pursue a wrongful death claim even if there’s no criminal case or if the defendant was found not guilty in criminal court.

How Do I Know If I Have a Valid Wrongful Death Claim?

Determining whether you have a valid wrongful death claim requires a thorough evaluation from an experienced attorney. They must be able to show:

  • The incident in question must have resulted in someone’s death.
  • The death must have resulted from someone else’s careless, reckless, or intentional actions.
  • There must be surviving family members who are suffering financial injury as a result of the death.
  • The deceased’s estate has a personal representative appointed.

Some scenarios that might lead to a wrongful death claim include:

  • A fatal car accident a drunk driver caused on E-470 near the Gaylord Rockies Resort
  • A death resulting from medical malpractice at The Medical Center of Aurora due to a surgical error, incorrect medication dosage, or some other fatal complications that could have been prevented with proper care
  • A fatality due to a defective product, such as a faulty electric scooter rented from a sharing service that malfunctions while in use on the High Line Canal Trail
  • A deadly slip and fall accident on poorly maintained property, such as the walkway outside the Aurora Municipal Center during winter

If you’re unsure whether your situation qualifies, consult a lawyer who can evaluate the specifics of your case.

Who Can File a Wrongful Death Claim in Colorado?

Colorado law sets specific rules about who can file a wrongful death claim and when:

First year after death:

  • The surviving spouse has the exclusive right to file a wrongful death claim.
  • If there’s no surviving spouse, the children of the deceased may file.

If there are no children, the deceased’s parents may file.

Second year after death:

  • Both the surviving spouse and the children have the right to file.
  • If there’s no surviving spouse or children, the deceased’s parents may file.

In Colorado, siblings, grandparents, and other relatives generally cannot file a wrongful death claim unless they are also the personal representative of the deceased’s estate.

Why Choose Us to Handle Your Aurora Wrongful Death Claim

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At Franklin D. Azar & Associates, P.C., we bring a wealth of experience and a compassionate approach to every case we handle. Our team understands the intricacies of Colorado wrongful death law and how to build a strong case on your behalf.

We offer:

  • A track record of successful outcomes for our clients
  • A thorough understanding of Colorado’s legal system
  • A commitment to open communication throughout your case
  • A contingency fee structure, meaning we don’t accept attorney fees unless we recover compensation for you

Our goal is to handle the legal complexities of your case, allowing you to focus on healing and remembering your loved one. We’ll investigate the circumstances of the death, gather evidence, consult with experts when necessary, and negotiate with insurance companies on your behalf. If the insurance company won’t offer a fair settlement, we’re prepared to take your case to trial and present a compelling case before a judge and jury.

Common Causes of Wrongful Death in Aurora

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Wrongful death can occur in various circumstances. In Aurora, some of the most common causes we see include:

  • Car accidents: Aurora’s busy roads, such as Colfax Avenue, see their fair share of fatal crashes. These can be caused by distracted driving, speeding, or driving under the influence.
  • Truck accidents: With major highways running through Aurora, like I-225 and E-470, commercial truck accidents are a significant concern. The size and weight of these vehicles often lead to catastrophic outcomes in collisions.
  • Motorcycle accidents: Motorcyclists are particularly vulnerable on the road, especially on Gun Club Road and Alameda Avenue. Lack of protection and visibility can lead to fatal accidents, often caused by other drivers failing to see or yield to motorcycles.
  • Bicycle accidents: Aurora’s growing bicycle culture, while beneficial for health and the environment, also puts cyclists at risk. Many cyclists suffer fatal injuries in bike crashes around Cherry Creek State Park and High Line Canal Trail.
  • Pedestrian accidents: Whether crossing at an intersection or walking along a road, pedestrians are at risk from inattentive or reckless drivers. Pedestrians also risk injury in parking lots of busy shopping centers, such as Stanley Marketplace.
  • Slip and fall accidents: Property owners who fail to maintain safe conditions can be liable for fatal accidents on their premises. These include fall accidents at Aurora Mall and the Municipal Center, as well as on sidewalks throughout town.
  • Defective products: From faulty car parts to dangerous household items, defective products can lead to tragic outcomes when manufacturers prioritize profits over safety.
  • Construction site accidents: Aurora’s ongoing development means numerous construction sites, such as downtown near the Convention Center and in residential construction areas, such as Aurora Highlands. Construction sites can be hazardous not only to workers but also to passersby if proper safety measures aren’t in place.

What Compensation Can You Help Me Obtain for Wrongful Death in Aurora?

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In a wrongful death case, various types of compensation may be available to help ease the financial burden and acknowledge the loss suffered by the family. These can include:

Economic Damages

  • Medical expenses related to the deceased’s final injury or illness
  • Funeral and burial costs
  • Loss of the deceased’s expected earnings
  • Loss of benefits (like health insurance or pension plans)
  • Loss of inheritance
  • Value of goods and services the deceased would have provided

Non-Economic Damages

  • Pain and suffering of the deceased before death
  • Mental anguish of the surviving family members
  • Loss of care, protection, guidance, and nurturing from the deceased
  • Loss of love and companionship
  • Loss of consortium for a surviving spouse

How Much is My Wrongful Death Claim Worth?

The value of a wrongful death claim can vary significantly based on several factors:

  • The age and health of the deceased at the time of death
  • The deceased’s earning capacity and life expectancy
  • The circumstances of the surviving family members
  • The degree of the defendant’s fault
  • The strength of the evidence

Colorado places caps on non-economic damages in wrongful death cases. These caps are adjusted for inflation every two years. As of 2021, the cap was $571,870, with some exceptions that could raise it to $1,143,740.

Frequently Asked Questions About Wrongful Death in Aurora

How long do I have to file a wrongful death claim in Colorado?

In Colorado, the statute of limitations for wrongful death claims is generally two years from the date of death. However, there are exceptions that might shorten or extend this timeframe. It’s crucial to consult with a lawyer as soon as possible to ensure you don’t miss any important deadlines.

Can I file a wrongful death claim if the deceased was partly at fault for the accident?

Yes, you may still be able to file a claim. Colorado follows a modified comparative negligence rule. This means that as long as the deceased was less than 50% at fault for the accident, a claim can be pursued. However, the compensation may be reduced by the percentage of fault attributed to the deceased.

What if the person responsible for the death is facing criminal charges?

A wrongful death claim is a civil action and is separate from any criminal proceedings. You can pursue a wrongful death claim regardless of whether criminal charges are filed or the outcome of a criminal trial. In fact, the lower burden of proof in civil cases means you might succeed in a wrongful death claim even if the defendant was acquitted in criminal court.

How long does a wrongful death case typically take?

The duration of a wrongful death case can vary widely depending on the complexity of the case, the willingness of the other party to negotiate, and whether the case goes to trial. We work diligently to move your case forward as efficiently as possible while still ensuring we pursue the full compensation you deserve.

Will I have to go to court for a wrongful death claim?

Not necessarily. Many wrongful death claims are settled out of court through negotiations with the responsible party’s insurance company. However, if a fair settlement can’t be reached, we’re prepared to take your case to trial to fight for the compensation you deserve.

Contact an Aurora Wrongful Death Attorney Today

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If you’ve lost a loved one due to someone else’s negligence or wrongdoing in Aurora, you don’t have to face this difficult time alone. The team at Franklin D. Azar & Associates, P.C. is here to support you, guide you through the legal process, and fight for the justice and compensation you deserve.

We understand that taking legal action might feel overwhelming right now, but it’s an important step in holding responsible parties accountable and securing your family’s future. We’re here to shoulder the legal burden so you can focus on healing and honoring your loved one’s memory.

Don’t let concerns about legal fees hold you back. Our Aurora personal injury attorneys offer free initial consultations, and we work on a contingency basis. You pay nothing upfront for us to handle your claim, and we only accept attorney fees as a percentage of the compensation we obtain for you.

Begin the process toward justice and healing now. Contact Franklin D. Azar & Associates, P.C. today at (303) 757-3300 for your free case evaluation. Let us help you understand your rights and options, and work towards the closure and compensation you and your family deserve.

Frank Azar Car & Truck Accident Lawyers – Aurora Office

14426 E Evans Ave
Aurora, CO 80014
P: (303) 757-3300

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