Representing Wrongful Death Victims in All of Colorado
There is nothing worse than losing a loved one; knowing that your loved one’s death was the result of a preventable accident or act of negligence can make the healing process even more difficult. If your family member passed away due to another person or party’s negligent or wrongful conduct, you deserve justice—and we want to help.
At Boesen Law, our Denver wrongful death attorneys are committed to helping you and your family fight for the full compensation you are owed. We understand that no amount of financial compensation can undo the loss you have endured, but we have seen firsthand how a fair settlement or verdict can provide the monetary resources necessary for healing. Our personal injury lawyers in Denver are dedicated to advocating for your rights, ensuring that you receive the support and compensation needed during this challenging time.
Reach out to our law firm for a no-cost, no-obligation consultation today. Call our personal injury lawyers in the state of Colorado at (303) 999-9999 or contact us online.
What Is a Wrongful Death?
Colorado considers a death “wrongful” when it results from the “wrongful act, neglect, or default of another.” In other words, if the person who died (referred to as the “decedent”) would have had grounds to file a personal injury claim had they lived, their death is likely considered wrongful.
Wrongful death claims often arise from the following incidents:
- Automobile accidents such as car crashes, motorbike accidents, or truck accidents
- Birth injuries
- Medical malpractice
- Elder abuse and neglect
- Dog bites and attacks
- Workplace accidents
- Defective products
- Falls, including slips and fall accidents
- Violence, assault, and other criminal acts
Our attorneys at Boesen Law can review your situation and determine whether you have grounds for a wrongful death lawsuit. We strive to get to know each and every one of our clients on a personal level, which is why we provide in-person consultations free of charge. Please contact us today to schedule a meeting with a member of our team.
How Much Is a Wrongful Death Lawsuit Worth in Colorado?
The value of a wrongful death claim in Colorado depends on many unique factors. Since no two cases are exactly the same, it’s essential to consult with a Denver wrongful death attorney at Boesen Law as early as possible.
When determining the potential value of your claim, our attorneys will carefully evaluate a number of key factors, including:
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The circumstances that caused your loved one’s death
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Funeral and burial or cremation expenses
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Any medical treatment received prior to death
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The loss of income, benefits, and future financial support
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The emotional and psychological toll on surviving family members
During your initial consultation with Boesen Law, we encourage you to share the full extent of how your loss has affected your life. We understand this is never easy—but this conversation serves two important purposes.
First, it allows our team to fully understand the scope of your case so we can provide clear guidance and effective legal representation.
Second, it gives you the chance to get to know the people behind Boesen Law and determine if we’re the right team to stand by your side.
If you’ve lost a loved one due to someone else’s negligence, Boesen Law is here to help you pursue justice and the compensation you deserve.
Who Can File a Wrongful Death Claim in Colorado?
Colorado has relatively unique laws regarding who may file a wrongful death lawsuit and when these individuals may take legal action.
First and foremost, the general statute of limitations on wrongful death cases in Colorado is two years from the date of death. This means that, in most cases, the person bringing the claim (known as the “plaintiff”) has just two years from the date of death to file a lawsuit; failure to bring a lawsuit within this timeframe will almost certainly result in the case being dismissed.
Secondly, the law specifies that, during the first year following the decedent’s death, the following individuals may file a wrongful death claim (in order):
- The decedent’s surviving spouse, if one exists
- The decedent’s surviving children, if the decedent was unmarried or if the surviving spouse gives written permission for the decedent’s surviving children to bring a claim separately or jointly
- The decedent’s designated beneficiary/beneficiaries, if there is no surviving spouse or children
After the first year has passed, but it has not yet been two years since the date of death, the following individuals are permitted to bring a wrongful death claim in Colorado:
- The decedent’s surviving spouse
- The decedent’s surviving children, separately or jointly with the surviving spouse
- An eligible beneficiary of the decedent, separately or jointly with the surviving children
Additionally, if a wrongful death claim is filed by the decedent’s surviving children, the surviving spouse and/or eligible beneficiary may join the lawsuit within 90 days of it being filed.
If the decedent died without a spouse or children, and they have no eligible designated beneficiary, their parent(s) or legal guardian(s) may file a wrongful death claim. This is true whether the decedent was a minor or an adult at the time of death.
What is Survival Action?
Survival action is a crucial aspect of wrongful death claims, allowing the deceased’s estate to pursue compensation for the pain and suffering the deceased experienced before passing. This type of claim focuses on the damages the deceased could have claimed if they had survived, such as medical expenses and lost wages.
It’s a way to seek justice not only for the family’s loss but also for the suffering endured by the deceased due to the negligent actions of another party.
Elements to Prove a Wrongful Death Claim in Denver, Colorado
A successful wrongful death claim in Denver requires demonstrating several key elements: duty of care, breach of duty, causation, and damages. The responsible party must have owed a duty of care to the deceased and breached that duty through negligent or reckless actions that directly caused the death, and resulted in quantifiable damages to the surviving family members.
These elements form the foundation of a wrongful death claim and must be carefully established to pursue justice and compensation effectively.
At Boesen Law, our experienced team is here to provide the guidance and support you need throughout this process, ensuring your case is built on a solid legal foundation.
What Types of Damages Available in Wrongful Death Cases?
The purpose of filing a wrongful death lawsuit is twofold: first, it allows you to hold the at-fault party accountable for the harm and devastation they have caused. Second, it allows eligible surviving family members to recover financial compensation for certain economic and non-economic losses. Collectively, these losses are referred to as “damages.”
Some types of damages that may be recovered in a Colorado wrongful death lawsuit include:
- Medical expenses associated with the decedent’s final treatment and care
- Funeral and/or burial expenses
- Lost income, wages, and other compensation the decedent would have likely earned
- Loss of benefits, including life insurance, pension, and related benefits
- Pain and suffering experienced by the surviving plaintiff
- Grief and emotional distress
- Loss of companionship, support, love, guidance, and counsel
What is the Damage Cap for Wrongful Death in Colorado?
In Colorado, the cap on noneconomic damages in wrongful death cases is currently set at $2,125,000, an increase from the previous cap of $679,990. However, if the wrongful act that caused the death is classified as a felonious killing under Colorado law, no damage cap applies. This exception allows for potentially higher compensation in cases involving serious criminal acts.
Who is Eligible to File a Wrongful Death Lawsuit in Colorado?
In Colorado, the right to file a wrongful death claim follows a specific order:
- Spouse: The spouse of the deceased has the first right to file a claim.
- Heirs: If there is no spouse, the deceased’s heirs, such as children, may file the claim.
- Parents: If there are no heirs, the parents of the deceased may pursue the lawsuit.
Wrongful death claims can arise from various causes, including medical malpractice, car accidents, or workplace incidents. Eligibility depends on the relationship to the deceased and the circumstances surrounding their death.
Proving Negligence and Securing Compensation for a Wrongful Death Case in Denver
Proving negligence in a wrongful death case requires gathering compelling evidence and demonstrating how the responsible party’s actions directly caused the tragic loss. This can involve collecting witness testimonies, accident reports, and expert opinions. Establishing negligence is crucial for families to secure the compensation they deserve, which can help alleviate financial burdens and honor their loved one’s memory.
At Boesen Law, we understand the complexities involved in these cases and are committed to guiding you through the legal process with compassion and expertise. An expert wrongful death attorney can help you file a wrongful death lawsuit, addressing the special requirements of your family.
What is the Difference Between Wrongful Death and Negligence?
Wrongful death occurs when a person dies due to another person’s negligent or reckless actions. Negligence, on the other hand, refers to the failure of an individual or entity to exercise reasonable care, which can lead to injury or death. While negligence can be the cause of a wrongful death, the key distinction is that wrongful death specifically involves a fatality, whereas negligence encompasses any harm caused by a lack of reasonable care, regardless of whether it results in death.
Quantifying Losses in Wrongful Death Claims
Calculating the full extent of losses in a wrongful death claim goes beyond immediate expenses. It involves a comprehensive assessment of both economic and non-economic damages.
Economic Damages
Economic damages are tangible losses that can be quantified and documented. These include:
- Costs associated with the deceased’s medical care before their passing, including hospital bills, surgery costs, and rehabilitation expenses.
- Compensation for the income the deceased would have earned had they lived, including potential future earnings and benefits such as health insurance and retirement contributions.
- Expenses incurred for the funeral service, burial, or cremation, can be significant for grieving families.
- The monetary value of services the deceased provided, such as childcare, housekeeping, or other contributions to the household that now require paid services.
Non-Economic Damages
Non-economic damages compensate for the intangible impact of the loss, which can be more challenging to quantify but are equally important, and include:
- Compensation for the emotional pain and suffering experienced by the surviving family members due to the loss of their loved one.
- Damages awarded for the loss of love, companionship, and guidance the deceased provided to their family members, recognizing the void left in their lives.
- Specific to the deceased’s spouse, this accounts for the loss of companionship, affection, and sexual relationship due to the wrongful death.
At Boesen Law, we collaborate with financial and economic experts to meticulously evaluate your case, ensuring all potential losses are considered. This thorough approach allows us to fight for the compensation you deserve, helping to ease the financial strain and provide some sense of justice.
How Are Wrongful Death Settlements Calculated?
Calculating a wrongful death settlement involves a range of complex and deeply personal factors. Each case is unique, and understanding its value requires more than just knowledge of the law—it also involves a careful assessment of the deceased’s life, relationships, and future potential.
At Boesen Law, we consider several key factors when evaluating wrongful death claims:
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The age of the deceased at the time of death
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Their marital status and whether they had children
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The decedent’s income, career trajectory, and earning potential
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Educational background and professional experience
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Health and life expectancy prior to the fatal incident
Insurance companies also assess these factors when evaluating a settlement. However, their primary goal is to minimize payouts and avoid the uncertainty of a trial. As a result, many families are offered quick settlements that fall short of what they truly deserve.
While it may be tempting to accept an initial offer—especially when medical bills, funeral expenses, and lost income start to build up—it’s critical to speak with a Denver wrongful death attorney at Boesen Law before making any decisions.
Our attorneys take a different approach from insurance adjusters. We fight for full and fair compensation that reflects the real impact of your loss—not just financially, but emotionally as well. At Boesen Law, we go into every negotiation prepared to advocate for the maximum recovery available to you and your family.
Let us help you navigate this difficult time with the compassion, experience, and dedication your case deserves.
Why Choose Our Denver Wrongful Death Attorney?
Since wrongful death occurs due to negligence or sheer carelessness of someone else, they can be legally tougher to claim. Some of the most common examples of wrongful death are car accidents, motorcycle accidents, medical malpractice, defective products, harmful gas exposure, etc. In all such cases, a Denver wrongful death attorney can prove to be a critical asset in winning the claim.
- Your Best Advisors – A Denver wrongful death lawyer is your best bet when it comes to understanding the nitty-gritty of the law, loopholes, and the correct way to settle your claim for the best possible compensation. From talking to the insurance company to filing the claim and helping you set the best course of action for years ahead, the right attorney can do it all.
- Experience that Sways – Laws concerning a wrongful death can be confusing for a layman. An experienced wrongful death attorney Denver who has been dealing with similar cases over the years can pave the way to your better understanding of the case and the involved pros and cons beforehand.
- Exceptional Negotiation Skills – They have been a part of similar cases like yours and can use that experience to negotiate with all the parties involved on your behalf.
- Better Understanding of Every Aspect of the Claim – When you are already grieving or suffering from damages, it’s quite common for you to not be able to think clearly. This is where a professional Denver wrongful death lawyer’s role kicks in. Wrongful death attorneys Denver helps you understand every aspect of the claim from present to future so that you can live your life in the most comfortable way forward.
- Correct Valuation – Grieving can get the best of you and your ability to think about the best plans for the future. This can be damaging if you are filing for the claim by yourself. A Denver wrongful death lawyer can help you understand the correct valuation of your claim so no one can take advantage of your grieving state.
Preparing for a Possible Trial
Not many wrongful death cases make it to the trial, but if yours do end up there, you would have an experienced Denver wrongful death lawyer to take care of it. A lawyer can also help you obtain the maximum compensation possible that shall help shape the future of your family.
Learn How Boesen Law Can Help You & Your Family Seek Justice
At Boesen Law, we believe in holding negligent parties accountable. By filing a wrongful death lawsuit against the person or party that caused your loved one’s death, you can obtain justice and fair financial recovery for your related losses. Our team is here to guide you through the legal process and provide the compassionate, empathetic counsel you deserve.
Our attorneys have decades of experience and a proven track record of success in all types of complex cases. We take great pride in providing our clients with a high level of personal attention, accessibility, and communication. As a client, you can rely on us to be there for you and your family every step of the way. And, because we offer our legal services on a contingency fee basis, you do not owe any upfront or out-of-pocket fees when you hire our team. Instead, we only collect legal fees if/when we win your case. Our staff speaks English, Spanish, and Russian.
Our Law Office
5675 DTC Blvd., Suite 250, Greenwood Village, CO 80111
Phone: 303-999-9999
Reach out to our law firm for a no-cost, no-obligation consultation today. Call our personal injury lawyers in the state of Colorado at (303) 999-9999 or contact us online.
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