Denver Wrongful Death Attorneys Work to Get Justice for Your Family
Fighting to hold negligent parties responsible for their actions
If you have lost a loved one in any type of accident or due to a preventable injury, the law gives you rights. With the help of a compassionate and aggressive law firm like Lampert & Walsh, LLC, you may be able to get justice for your deceased family member. Our firm has attorneys who have been representing injury victims and their families since 1979. We give our clients individualized attention and don’t back down when the other side puts up a fight.
Understanding wrongful death claims in Colorado
Wrongful death lawsuits are a way for a deceased person and their surviving family to get justice for a fatal injury. When someone is injured due to the negligent actions or inaction of another, they are entitled to bring a personal injury lawsuit. When those injuries prove to be fatal, that right passes on to their estate and family. In Colorado, a claim for wrongful death must be based on the negligence, recklessness or intentional actions of another person or company. If those actions caused the death, damages may be awarded. The specific requirements include:
- Duty of care. In order to prove someone was negligent, our attorneys must first prove that this person owed a duty of care to your loved one. For example, doctors owe their patients a certain duty of care, and drivers owe a duty of care to other drivers. Our lawyers will help you understand what duties existed before your loved one’s injury.
- Breach of duty. The duty of care must be breached in order to recover for wrongful death. As an example, a surgeon could leave a scalpel inside a patient or a driver could run a red light.
- Our attorneys will need to prove that the breach directly caused your loved one’s death.
The burden of proof in wrongful death claims is a “preponderance of the evidence.” That means we will work to prove each of the required elements of negligence by showing it is more likely than not to be true.
What damages are available in Denver wrongful death claims?
When a Denver wrongful death claim is successful, a jury will award damages. In cases with no jury, this duty will be left to the judge. Each case is different, and even the smallest details can change the amounts that will be awarded. Damages are commonly awarded for medical costs incurred before the death, funeral and burial costs, as well as lost wages and support that the family could have received if their loved one was able to keep working. The family can recover for their own pain and suffering from the loss, but these damages are often capped at a certain number by law. In rare cases, punitive damages may be awarded. The attorneys at our firm will explain possible damage awards in your case.
Who can bring a claim for the wrongful death of a loved one?
When someone is killed due to negligence in Colorado, their family or estate is entitled to bring one single lawsuit on behalf of all heirs and family members. For the first year after the death, a surviving spouse is the only one who can bring the claim. After one year, surviving children may also bring a claim. This suit must be filed within two years of the date of death due to a law called a “statute of limitations.” If there are no surviving children, or if the person who was killed was under 18 years old, parents may bring a suit. In Colorado, brothers and sisters are not allowed to bring a suit for wrongful death. Because of the complexity of Colorado’s laws, it is essential that you retain a law firm with attorneys who can explain whether or not you are eligible to file a lawsuit.
Trust a firm with experience and skill litigating wrongful death claims
When it comes to choosing a personal injury attorney, there is no substitute for experience. Lampert & Walsh, LLC is an established wrongful death law firm comprised of skilled litigators. To arrange your free initial consultation, call us today at 720-829-4880 or contact us online.