Denver Wrongful Death Attorney

Ready to Help You & Your Family During This Difficult Time

Losing a loved one in a tragic accident caused by negligence is devastating and emotionally overwhelming. Not only must you and your family grieve over their death, but you may also have to pay for all the funeral and burial expenses out of your own pocket.

Although there is no amount of money in the world that is worth your loved one’s life, you may be eligible for financial compensation that will cover all the damages the family has suffered from the tragedy. During this trying time, it is wise to hire an experienced attorney to hold the at-fault party accountable and help you and your family obtain the compensation you deserve.

At the Law Office of Joseph A. Lazzara, P.C., our Denver wrongful death lawyer is committed to protect the rights and best interests of your family inside and outside the courtroom.

Seeking Justice for Your Loved One? Contact us at (720) 809-8262 for a free consultation and let us help you fight for the compensation you deserve.

Wrongful Death Laws in Colorado

In Colorado and every other state, you may file a wrongful death claim – within two years of the date of the death – to obtain such damages.

A wrongful death claim is a lawsuit filed in civil court that holds another party liable for the death of someone else. Many types of accidents – such as car accidents, truck accidents, slip and fall accidents, and severe injuries caused by defective products – that result in a personal injury lawsuit can also lead to a wrongful death lawsuit.

The following are the individuals who may file a wrongful death lawsuit on behalf of the deceased individual:

The surviving spouse (within the first year after the wrongful death)

The surviving spouse (within the second year after the wrongful death)

The deceased individual’s parents (if there is no surviving spouse and children)

The surviving family members or a representative of the deceased person’s estate (if there is no surviving spouse, children, and parents)

The damages for losses suffered by the deceased or their estate include medical expenses related to the individual’s final injury or illness, as well as funeral and burial expenses. Additionally, family members can recover damages related to income/compensation that the deceased would have likely earned if he/she had lived, benefits lost (i.e., life insurance), and loss of love and care.

Common Causes of Wrongful Death Cases in Denver

Wrongful death can occur in various ways, often due to someone else's negligence or reckless behavior. Here are some of the most common causes:

• Car Accidents – Drunk, distracted, or reckless drivers are a leading cause of fatal crashes. Speeding and failing to follow traffic laws also contribute to deadly accidents.
• Medical Malpractice – Doctors or hospitals may be held liable if a patient dies due to misdiagnosis, surgical errors, medication mistakes, or failure to provide proper treatment.
• Workplace Accidents – Dangerous work environments, lack of safety measures, or employer negligence can result in fatal injuries, especially in construction, manufacturing, and industrial jobs.
• Defective Products – Companies may be responsible if their faulty products, such as car parts, household appliances, or medications, cause fatal injuries or illnesses.
• Nursing Home Abuse & Neglect – Elderly residents can suffer fatal injuries from neglect, malnutrition, medical errors, or even physical abuse in care facilities.

How to Prove Negligence in a Wrongful Death Claim

To hold someone legally responsible for a wrongful death, you must prove negligence. This involves four key elements:

• Duty of Care – Showing that the responsible party had a legal obligation to act in a safe manner (e.g., drivers must follow traffic laws, doctors must provide competent medical care).
• Breach of Duty – Demonstrating that the defendant failed to meet this duty through negligence, recklessness, or intentional harm.
• Causation – Proving that the defendant’s actions directly led to the victim’s death.
• Damages – Documenting financial and emotional losses suffered by the surviving family members, such as medical bills, funeral costs, and loss of companionship.

Types of Compensation Available in a Wrongful Death Case

Families can seek financial compensation to cover the losses caused by their loved one’s death. These damages fall into three categories:

• Economic Damages – Covers tangible costs such as medical expenses, funeral and burial fees, lost wages, and lost future earnings.
• Non-Economic Damages – Includes compensation for emotional suffering, mental anguish, loss of companionship, and loss of parental guidance.
• Punitive Damages – In cases of extreme negligence or intentional harm, courts may award additional compensation to punish the defendant and prevent similar incidents.

If you’ve lost a loved one due to negligence, speaking with an experienced wrongful death attorney can help you understand your legal options.

Frequently Asked Questions (FAQ) About Wrongful Death Claims in Denver

Who can file a wrongful death lawsuit in Colorado?

• In Colorado, the surviving spouse has the exclusive right to file a wrongful death claim in the first year after the death. In the second year, children of the deceased can also file. If there is no spouse or children, the deceased person’s parents may file a claim.

How long do I have to file a wrongful death lawsuit?

• Colorado law gives families two years from the date of death to file a wrongful death claim. However, if the case involves a government entity, a shorter deadline may apply.

Can I still file a wrongful death claim if criminal charges are filed?

• Yes, wrongful death claims are civil cases, separate from any criminal charges (such as manslaughter or homicide). Even if the defendant is found not guilty in a criminal trial, you can still pursue financial compensation in a civil lawsuit.

How long does a wrongful death case take to resolve?

• The length of a wrongful death case varies. Some claims settle within a few months, while others take years if they go to trial. The complexity of the case, negotiations with insurance companies, and court schedules all affect the timeline.

What if the deceased person was partially at fault?

• Colorado follows modified comparative negligence laws, meaning you can still recover compensation if your loved one was less than 50% at fault for the accident. However, the settlement amount may be reduced based on their percentage of fault.

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

• Not always. Many wrongful death claims are settled through negotiations with insurance companies. However, if a fair settlement isn’t offered, your attorney may take the case to trial to fight for full compensation.

How much is a wrongful death case worth?

• The amount of compensation depends on factors like lost income, medical expenses, emotional suffering, and the circumstances of the case. An attorney can help determine the potential value of your claim.

Wrongful Death Claim? We’re Here to Help. Contact us today at (720) 809-8262 to discuss your case with a compassionate attorney.