Colorado Wrongful Death Lawyer

Colorado Wrongful Death Guide

• Why Choose Frank Azar Car & Truck Accident Lawyers for Your Colorado Wrongful Death Claim
• What is a Wrongful Death?
• Who Can File a Wrongful Death Claim in Colorado?
• Can Parents File a Wrongful Death Claim?
• What Is the Deadline for Filing a Colorado Wrongful Death Lawsuit?
• What Damages are Available in a Wrongful Death Lawsuit?
• How Can a Lawyer Help with My Colorado Wrongful Death Case?
• Contact the Colorado Wrongful Death Lawyers at Frank Azar Car & Truck Accident Lawyers Today

Why Choose Frank Azar Car & Truck Accident Lawyers for Your Colorado Wrongful Death Claim

When choosing a Colorado wrongful death lawyer, it’s essential to find a firm that possesses the experience, resources, and dedication necessary to effectively fight for your rights and interests.

Frank Azar Car & Truck Accident Lawyers has been handling wrongful death cases for over 30 years, giving us a deep understanding of the legal complexities involved and the ability to build strong cases that maximize compensation for our clients.

Our proven track record of successfully representing families and securing significant settlements and verdicts demonstrates our attorneys’ skills and tenacity in taking on even the most challenging cases.

At Frank Azar Car & Truck Accident Lawyers, we recognize the emotional toll of losing a loved one and treat every client with compassion and respect. Our team will provide personalized attention and support throughout the legal process, ensuring you feel heard and understood during this difficult time.

As a large, well-established firm, we have the comprehensive resources necessary to thoroughly investigate your case, consult with experts, and cover all upfront costs associated with pursuing your claim.

We operate on a contingency fee basis, which means you won’t owe us any legal fees unless we successfully recover compensation on your behalf. This allows you to focus on your family’s well-being while we handle the legal burden.

At Frank Azar Car & Truck Accident Lawyers, we are committed to holding negligent parties accountable and helping families find justice after a tragic loss. Contact our compassionate Colorado wrongful death lawyers today for your free, no-obligation consultation to learn more about how we can assist you during this challenging time.

What is a Wrongful Death?

A wrongful death occurs when a person dies due to the negligent, reckless, or intentional actions of another party. In legal terms, a wrongful death claim arises when the deceased person would have had grounds to file a personal injury lawsuit had they survived the incident that ultimately led to their death.

Some common examples of situations that may lead to a wrongful death claim include:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Rideshare accidents 
• Pedestrian accidents
• Bicycle accidents

Who Can File a Wrongful Death Claim in Colorado?

In Colorado, specific individuals can file a wrongful death lawsuit based on their relationship to the deceased and the time that has elapsed since the death.

During the first year after the death, the exclusive right to file a wrongful death claim belongs to the surviving spouse of the deceased. However, if the surviving spouse provides written consent, the spouse and heirs of the deceased may file a claim jointly or the heirs alone may if no spouse survived the deceased.

Once the first year has passed, the right to file a wrongful death claim expands to include additional parties.

In the second year following the death, these individuals may initiate a wrongful death lawsuit:

• The surviving spouse of the deceased
• The heirs of the deceased, which include the children of the deceased or the parents of the deceased if there are no children
• The surviving spouse and heirs of the deceased together
• The designated beneficiary of the deceased

This means that during the second year, heirs have the opportunity to file their own wrongful death suit or join an existing lawsuit that the surviving spouse previously filed in the first year.

Effective January 1, 2025, in Colorado, if there is no spouse or heir alive to bring the claim, and no designated beneficiary, then the siblings of the deceased or those siblings’ heirs can bring the wrongful death claim.

Can Parents File a Wrongful Death Claim?

In cases where the deceased person does not have a surviving spouse or children, the right to file a wrongful death claim falls to the parents of the deceased. The parents may initiate a wrongful death lawsuit within two years of their child’s death. This rule also applies when the victim of the wrongful death is a child.

If both parents are alive at the time of filing the claim, they will have an equal interest in any judgment or settlement resulting from the wrongful death lawsuit unless they are divorced, separated, or living apart. In that event, a court can be asked to decide how to allocate the recovery between the parents.

If one of the parents passed away, the surviving parent will have an exclusive interest in the judgment, meaning they will be the sole recipient of any compensation awarded in the case.

What Is the Deadline for Filing a Colorado Wrongful Death Lawsuit?

In Colorado, the statute of limitations for filing a wrongful death claim is generally two years from the deceased person’s death. After that deadline passes, the surviving family members may lose their right to seek compensation through the legal system.

However, some exceptions to this rule may extend or shorten the filing deadline:

• Discovery Rule: If the cause of the wrongful death is not immediately known or discoverable, the two-year clock may start from the date when the cause of death is discovered or should have been discovered with reasonable diligence.
• Criminal Cases: If the wrongful death is the result of a vehicular homicide and the at-fault party left the scene of the accident, the statute of limitations may extend to four years.
• Government Entities: If the defendant in the wrongful death case is a government employee or entity, the time limit to file a notice of claim is 182 days after the date of death.

Because of these deadlines, consult an experienced wrongful death attorney as soon as possible to file your claim within the appropriate time frame. An attorney can help you navigate the legal process, gather evidence, and build a strong case on behalf of your loved one and your family.

What Damages are Available in a Wrongful Death Lawsuit?

In a Colorado wrongful death claim, the surviving family members may recover damages. These damages compensate the family for the losses they have suffered due to the untimely death of their loved one.

The available damages in a Colorado wrongful death claim may include:

• Funeral and burial expenses
• Medical expenses related to the deceased’s final injury or illness
• Loss of the deceased’s expected future income and benefits
• Loss of household services the deceased would have provided
• Compensation for grief, loss of companionship, pain and suffering, and emotional stress.

Colorado law allows for an election to claim “solatium,” which is a fixed amount awarded to the surviving spouse and heirs for grief, loss of companionship, pain and suffering, and emotional stress rather than leaving the decision on those damages to a judge or jury.

In rare cases involving a defendant’s particularly egregious or intentional actions, the court may award punitive damages to punish the wrongdoer and deter similar behavior.

Each wrongful death case is unique, and the specific damages awarded will depend on the deceased’s age, income, and relationship to the surviving family members. An experienced wrongful death attorney can assess the value of your claim and fight for the compensation your family deserves.

How Can a Lawyer Help with My Colorado Wrongful Death Case?

When you are grieving the loss of a loved one, the compassionate and experienced attorneys at Frank Azar Car & Truck Accident Lawyers can ease this burden by providing comprehensive legal support and guidance throughout the process.

Here are some ways our lawyers can assist with your Colorado wrongful death case:

Investigate the Claim

We will thoroughly investigate the circumstances surrounding your loved one’s death, gather evidence, and consult with experts to build a strong case on your behalf. This may involve reviewing police reports, medical records, and witness statements, as well as working with accident reconstruction specialists or other professionals to determine the cause of the death and establish liability.

Identify Liable Parties

Our attorneys will work to identify all parties who caused your loved one’s death, including individuals, businesses, or government entities. We will carefully analyze the facts of the case to determine who may have contributed to the wrongful death through their negligent, reckless, or intentional actions.

Navigate Legal Complexities

Wrongful death cases often involve complex legal issues and procedural requirements. Our lawyers will ensure that your claim is filed correctly and within the appropriate time frame, adhering to Colorado’s statute of limitations and any other applicable laws. We will also handle all the necessary paperwork and court filings, so you don’t have to worry about the legal technicalities.

Negotiate with Insurance Companies

We will handle all communications and negotiations with insurance companies, working to secure a fair settlement that adequately compensates your family for your losses.

Our attorneys have extensive experience dealing with insurance companies and will fight to ensure that they do not take advantage of your situation or offer an unreasonably low settlement.

Represent You in Court

In case the insurance company refuses to settle, our experienced trial attorneys will prepare to advocate for your rights and interests in court. We will present a compelling case to the judge and jury, using evidence and expert testimony to demonstrate the extent of your losses and the liability of the responsible parties. Our goal is to achieve the best possible outcome for your case, whether through a favorable settlement or a court verdict.

Provide Emotional Support

We understand the emotional challenges of losing a loved one and will treat you with compassion and respect throughout the legal process. Our team will answer your questions, provide updates on your case, and offer guidance and support during this difficult time. We can alleviate your legal burdens so you can focus on healing and moving forward with your life.

Contact the Colorado Wrongful Death Lawyers at Frank Azar Car & Truck Accident Lawyers Today

Colorado Wrongful Death Attorney, Franklin D. Azar

After a tragic loss, it can be challenging to know where to turn for help. At Frank Azar Car & Truck Accident Lawyers, we understand your pain and confusion, and we are here to support you through this challenging time.

Our compassionate and experienced Colorado personal injury attorneys are dedicated to fighting for the rights of families who have lost loved ones due to the negligent or wrongful actions of others.

We believe that every family deserves justice and fair compensation for their losses, and we will work tirelessly to hold the responsible parties accountable. Our team has the knowledge, resources, and commitment necessary to handle even the most complex wrongful death cases, and we will stand by your side every step of the way.

If you have lost a loved one due to someone else’s negligence or wrongdoing, please don’t hesitate to contact us. We offer free, no-obligation consultations to discuss your case and explore your legal options.

You can trust that we will treat you with the compassion and respect you deserve, and we will fight relentlessly to secure the justice and compensation your family is entitled to.

Contact Frank Azar Car & Truck Accident Lawyers today at (303) 757-3300 or through our online form. Let us help you navigate this difficult journey and work toward a brighter future for you and your family. Remember, you are not alone—we are here to help you.

Frank Azar Car & Truck Accident Lawyers – Colorado Office

14426 E Evans Ave
Aurora, CO 80014
P: (303) 562-1442