What Is Wrongful Death?

Losing a loved one is a devastating experience. The pain and grief can be overwhelming, leaving you feeling lost and alone. However, when someone else’s negligence or wrongdoing causes your loved one’s death, the anger, confusion, and sense of injustice you feel can compound your anguish. If you’re struggling with such a loss, you may be wondering, “What is wrongful death, and do I have a case?“

If someone caused a family member’s death through their negligence or wrongdoing, eligible surviving family members may qualify to bring a wrongful death action against the at-fault party. While no legal action can bring back your loved one, pursuing a wrongful death claim may provide some measure of justice and financial security for your family’s future. 

If you’re considering your options following the preventable death of a loved one, reach out to an experienced Denver wrongful death attorney in your area who handles wrongful death claims. They can advise you on the best course of action and protect your rights and interests throughout the process. They can also advocate strongly for you and your family to ensure you get the full and fair compensation you deserve.

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Denver Wrongful Death Guide

• Definition of Wrongful Death
• Elements of a Wrongful Death Claim
• Who Can File a Wrongful Death Lawsuit?
• Common Causes of Wrongful Death
• Damages in Wrongful Death Cases
• Statute of Limitations for Wrongful Death Claims
• Differences Between Wrongful Death and Criminal Cases
• Steps in Filing a Wrongful Death Lawsuit
• Contact an Experienced Wrongful Death Lawyer Today

Elements of a Wrongful Death Claim

To better understand what constitutes a wrongful death claim, let’s break down its key elements. Each of these components must be present for a case to be viable:

• Death of a person: This might seem obvious, but it’s the foundational element of any wrongful death claim. The case revolves around the loss of a human life, distinguishing it from other types of personal injury cases.
• Results from another’s negligence or intent to harm: The death must have resulted from someone else’s wrongful actions. This could be due to negligence (failing to exercise reasonable care), recklessness (conscious disregard for safety), or intentional misconduct. For example, a drunk driver causing a fatal accident could qualify for a wrongful death claim.
• Surviving family members suffered monetary injury: There must be surviving family members or dependents who have experienced financial losses as a result of the death. This could include loss of income, loss of inheritance, or loss of services the deceased would have provided.
• Appointment of a personal representative: In most cases, a personal representative must be appointed to manage the deceased’s estate and file the wrongful death claim on behalf of the surviving family members. This person is often named in the deceased’s will or appointed by the court.

Who Can File a Wrongful Death Lawsuit?

While laws vary by state, only certain family members can file wrongful death claims. There’s generally a hierarchy of individuals who may be eligible to bring such a claim, such as:

• Immediate family members: In most states, including Colorado, the deceased’s spouse and children have the primary right to file a wrongful death lawsuit. These immediate family members are typically considered to have suffered the most direct and significant losses.
• Life partners or financial dependents: Some states recognize the rights of life partners, such as long-term domestic partners or those in civil unions. Additionally, individuals who were financially dependent on the deceased may have the right to file in certain jurisdictions.
• Distant family members: In cases where there are no immediate family members, some states allow more distant relatives like siblings or grandparents to file a wrongful death claim.

Special Rules for Colorado

As mentioned, eligibility can vary significantly from one state to another. For instance, Colorado law specifies that only the deceased’s spouse can file during the first year after the death (unless there is no spouse or the spouse gives written permission to the children). In the second year, both the spouse and children are eligible to file, and eligibility requirements extend from there. A wrongful death attorney in Colorado can walk you through the state’s eligibility requirements and how they affect your ability to seek compensation from those responsible for your loved one’s loss.

Common Causes of Wrongful Death

Wrongful death can occur in a wide variety of circumstances. Some of the frequent scenarios that lead to wrongful death lawsuits include:

• Motor vehicle accidents: Car, truck, and motorcycle accidents are among the leading causes of wrongful death claims. These often involve drunk driving, distracted driving, speeding, or other forms of negligence on the road.
• Bicycle and pedestrian accidents: Pedestrians and cyclists often suffer severe injuries when vehicles collide with them. Sadly, far too many of these injuries prove fatal.
• Workplace and construction accidents: Dangerous working conditions, lack of proper safety equipment, or employer negligence can lead to fatal accidents on the job. Industries like construction, manufacturing, and mining are particularly prone to such incidents.
• Defective products: When a product malfunctions due to design flaws, manufacturing defects, or inadequate warnings, and results in a fatality, an attorney could help you hold the manufacturer or seller liable in a wrongful death suit.

Damages in Wrongful Death Cases

One of the key aspects of a wrongful death case is determining the appropriate compensation for the surviving family members. While no amount of money can truly compensate for the loss of a loved one, the law recognizes several categories of damages that can be awarded:

Economic Damages

These are the quantifiable financial losses resulting from the death:

• Lost wages and benefits: This includes the income and benefits the deceased would have earned over their lifetime had they survived. It takes into account factors like age, health, life expectancy, and career trajectory.
• Medical and funeral expenses: Any medical costs incurred as a result of the final injury or illness, as well as funeral and burial expenses, can be claimed.

Non-Economic Damages

These damages are more subjective and aim to compensate for the intangible losses the family suffered:

• Pain and suffering: This refers to the physical and emotional distress the decedent experienced before death. It also includes the grief and anguish the surviving family members endured.
• Loss of companionship: Also known as loss of consortium, this compensates for the loss of love, companionship, comfort, and guidance that the deceased would have provided to their family.

Punitive Damages

In cases where the defendant’s actions were particularly egregious or malicious, your attorney could pursue punitive damages. The court rarely awards these types of damages, usually to punish the wrongdoer and send a message to others. Still, they can be significant and may be worth pursuing.

Statute of Limitations for Wrongful Death Claims

When considering a wrongful death lawsuit, you must be aware of the statute of limitations, which is the legal time limit for filing a wrongful death lawsuit. This aspect of the law can significantly impact your ability to seek justice:

Each state has its own statute of limitations for wrongful death actions. In Colorado, for example, the statute of limitations for wrongful death claims is generally two years from the date of death. However, there are exceptions that may extend or shorten this period in certain situations.

The Importance of Timely Action

You shouldn’t waste any time in contacting an attorney and initiating the legal process. Waiting too long can result in you losing your right to seek compensation if the statute of limitations passes or another deadline expires. The court may bar you from recovering damages regardless of how strong your case is. 

Also, acting promptly allows your attorney to gather crucial evidence and build a strong case for you. 

Differences Between Wrongful Death and Criminal Cases

Although some wrongful deaths result from criminal actions, such as DUI, wrongful death cases are civil matters. They differ from criminal proceedings that might arise from the same incident. You can pursue a civil wrongful death claim whether the at-fault party ever faces criminal charges. Some key differences between wrongful death suits and criminal trials include:

• Burden of proof: In criminal cases, the prosecution must prove guilt “beyond a reasonable doubt” – a very high standard. In wrongful death cases, the plaintiff must prove their case by a “preponderance of the evidence,” meaning it’s more likely than not that the defendant is responsible.
• Penalties and compensation: Criminal cases aim to punish the offender with fines, probation, or imprisonment. Wrongful death cases seek financial compensation for the surviving family members. The focus is on making the family whole, to the fullest extent possible, rather than punishing the defendant (punitive damages are an exception).
• Possibility of concurrent cases: It’s possible for both criminal and civil cases to proceed simultaneously or consecutively based on the same incident. For example, a drunk driver might face criminal charges for vehicular homicide while also being sued for wrongful death by the victim’s family.

Steps in Filing a Wrongful Death Lawsuit

You need to understand the legal process of a wrongful death lawsuit so you know what to expect:

• Consult with an attorney: The first step is to meet with an experienced wrongful death attorney. They can evaluate your case, explain your rights, and guide you through the legal process. Most reputable attorneys offer free initial consultations for these cases.
• Investigation and gathering evidence: Your attorney will conduct a thorough investigation, collecting evidence such as police reports, medical records, witness statements, and expert opinions to build a strong case.
• Filing the complaint: If your attorney determines you have a viable case, they will file a formal complaint with the court, outlining your allegations against the defendant(s).
• Discovery process: Both sides exchange information and evidence related to the case. This may include written questions (interrogatories), requests for documents, and depositions (sworn out-of-court testimony).
• Settlement negotiations or trial: Many wrongful death cases are resolved through negotiation and settlement before reaching trial. If the other party won’t offer a fair settlement, your case will proceed to trial where a judge or jury will decide the outcome.

Contact an Experienced Wrongful Death Lawyer Today

After experiencing such a profound and preventable loss, the last thing you need to worry about is where the money will come from to pay final expenses and compensate you for your losses. Let the wrongful death attorneys at Franklin D. Azar & Associates, P.C., handle everything for you and help you get the maximum compensation you deserve.

For more than 30 years, our legal team has served families throughout Colorado who lost loved ones due to the negligent and reckless actions of others. We’ve recovered more than $2.3 billion in total compensation for our clients to date. Let us be your guide, your support, and your advocate during this extremely difficult time. We’re here for you when you need us, and we’ll treat you with the utmost care and respect as we fight hard to maximize your financial recovery.

Since we work on a contingency fee basis, you won’t pay anything upfront for us to handle your case. We only accept attorney fees if we secure compensation for you through an insurance settlement or court award.

Contact us today for a free, no-obligation consultation and let us show you how we can help you and your family move on from such a devastating event.