Losing a loved one is one of life’s most painful experiences. When that loss occurs due to someone else’s negligence or misconduct, families are often left grappling with overwhelming grief and unexpected expenses. In such cases, seeking justice and holding the responsible party accountable is not only a way to find closure but also a crucial step toward securing financial stability. At Boesen Law, our Lakewood personal injury lawyer team is here to provide compassionate legal guidance, help families navigate the complexities of wrongful death claims, and pursue the justice and compensation they deserve.
Experienced Lakewood Wrongful Death Lawyers Ready to Help
When dealing with the devastating loss of a loved one, having an experienced Lakewood wrongful death lawyer by your side can make all the difference. Wrongful death claims in Colorado are complex and governed by specific laws that require a nuanced understanding of both state statutes and local court procedures in Jefferson County. Our legal team brings decades of experience handling these sensitive cases, offering personalized strategies and unwavering support.
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.
Whether the incident occurred near Belmar, on the busy stretch of West Colfax Avenue, or elsewhere in the Denver metro area, our wrongful death attorneys in Lakewood possess the local knowledge necessary to investigate thoroughly. We act as your dedicated advocates, ensuring that insurance companies and opposing counsel treat your family with the dignity and respect you deserve.
Compassionate Guidance for Grieving Families
We understand that families in these situations are not just looking for legal assistance – they need an advocate who truly cares. As a dedicated Lakewood wrongful death law firm, we provide empathetic support throughout the entire process. Our team takes the time to explain your rights under the Colorado Wrongful Death Act and guides you through this challenging journey with patience.
Navigating the Jefferson County Court System
Filing a lawsuit involves more than just paperwork; it requires familiarity with the First Judicial District Courts. If your case proceeds to litigation, it will likely be heard at the Jefferson County Combined Courts. Having a Lakewood wrongful death attorney who is familiar with the local judges, procedural rules, and filing requirements in “Jeffco” can significantly influence the efficiency of your case.
Comprehensive Case Evaluation and Personalized Strategies
Every wrongful death case is unique. A generic approach is never sufficient when the stakes are this high. Our wrongful death lawyers in Lakewood conduct a thorough case evaluation to identify all liable parties – from individual drivers to large corporations – and determine the full extent of damages.
Common Causes of Wrongful Death in Lakewood
Our firm has handled numerous cases resulting from incidents across the region. We often see tragic outcomes arising from:
- Motor Vehicle Accidents: Crashes on high-speed corridors like US-6 (6th Avenue) and I-70, or intersections along Wadsworth Boulevard.
- Pedestrian and Bicycle Accidents: Incidents occurring in residential neighborhoods or near Bear Creek Lake Park.
- Workplace Accidents: Fatalities on construction sites or industrial zones in West Denver.
Regardless of the cause, an injury lawyer in Lakewood from Boesen Law will work with accident reconstruction experts and medical professionals to build an irrefutable case on your behalf.
What Types of Damages Are Available to Victims?
When a loved one dies due to negligence, the emotional devastation is matched by sudden financial pressure. Under Colorado law (C.R.S. § 13-21-202), eligible survivors may pursue damages that reflect both tangible and intangible consequences. A skilled wrongful death attorney in Lakewood can help you calculate these complex figures.
Economic Damages:
- Medical expenses: Costs incurred at hospitals or by emergency services between the injury and death.
- Funeral and burial costs: Expenses for memorial services, cremation, or burial plots.
- Loss of financial support: Wages and benefits the deceased would have earned until retirement.
Non-Economic Damages:
- Grief and mental anguish: The profound emotional pain experienced by the spouse, children, or parents.
- Loss of consortium: The loss of companionship, marital relations, and parental guidance.
- Solatium: A fixed statutory amount available as an alternative to proving specific non-economic losses, often used to shorten litigation.
Punitive Damages:
If the death was caused by fraud, malice, or willful and wanton conduct (such as drunk driving), your Lakewood wrongful death attorney may also seek punitive damages to punish the wrongdoer.
Survival Actions vs. Wrongful Death Claims
It is important to distinguish between a wrongful death claim and a “survival action.” While wrongful death claims compensate the family for their loss, a survival action is brought on behalf of the deceased’s estate.
- Survival Action: Recovers damages the deceased could have claimed had they lived (e.g., their medical bills and lost wages prior to death).
- Estate Administration: Proceeds from a survival action typically pass through the estate and may be subject to probate in Jefferson County.
At Boesen Law, we ensure both claims are strategically coordinated to maximize total recovery.
How Long Do I Have To File a Lawsuit? (Statute of Limitations)
Colorado imposes strict deadlines. Generally, you have two years from the date of death to file a claim (C.R.S. § 13-80-102).
- Motor Vehicle Exception: If the death resulted from a vehicular homicide or car accident, the deadline extends to three years.
- Governmental Immunity: If a government entity (like a city bus or police vehicle) caused the death, you must file a formal notice of claim within 182 days.
Missing these deadlines can result in a permanent bar to recovery. Consulting Lakewood wrongful death attorneys immediately ensures your rights are protected.
How Do I File a Wrongful Death Lawsuit in Lakewood?
Filing a lawsuit involves several critical steps. Our wrongful death law firm in Lakewood simplifies this for you:
Step 1: Establishing Eligibility
In the first year after death, only the surviving spouse may file. In the second year, the spouse, children, or designated beneficiary may file. If there is no spouse or children, the parents may file.
Step 2: Gathering Evidence
We collect police reports (e.g., from the Lakewood Police Department), autopsy results, and witness statements. A wrongful death lawyer in Lakewood will also secure expert testimony to prove liability.
Step 3: Negotiation and Litigation
We submit a demand package to the insurance company. If a fair settlement cannot be reached, we are prepared to file a complaint in the District Court and take the case to trial.
No Upfront Fees: The Contingency Model
We believe financial status should never prevent a family from seeking justice. As your Lakewood wrongful death law firm, Boesen Law operates on a contingency fee basis. This means you pay no attorney fees unless we successfully recover compensation for you. We advance all costs associated with the investigation and litigation, allowing you to focus on healing.
Proven Track Record of Success
At Boesen Law, our history of successful claims speaks to our commitment. We have helped families in Lakewood and throughout Colorado achieve justice. If you are searching for a reliable wrongful death attorney in Lakewood, look for a team that combines legal aggression with human compassion.
Protecting Your Case: The Importance of Immediate Investigation in Lakewood
When a fatal accident occurs, the clock starts ticking not just on the statute of limitations, but on the preservation of evidence. In Lakewood and the surrounding Denver metro area, evidence can disappear rapidly. Skid marks on West 6th Avenue fade, surveillance footage from businesses on Wadsworth Boulevard is overwritten, and the memories of key witnesses become less reliable.
The Role of the Coroner and Police Reports
Following a tragedy, the Jefferson County Coroner’s Office will determine the official cause and manner of death. While their report is crucial, it is not always the final word on liability. Police reports from the Lakewood Police Department or the Colorado State Patrol may contain errors or preliminary assessments that do not fully capture the negligence involved.
Why You Need Independent Investigators
This is why hiring a Lakewood wrongful death lawyer immediately is critical. At Boesen Law, we do not rely solely on official reports. We deploy independent accident reconstructionists and private investigators to the scene to:
- Preserve “black box” data from commercial trucks or passenger vehicles.
- Secure video footage from nearby traffic cameras or private security systems.
- Interview witnesses before insurance adjusters can twist their statements.
Dealing with Insurance Aggression
Insurance carriers for negligent parties often contact grieving families within days of the funeral, offering quick settlements that are a fraction of the claim’s true value. They may ask for recorded statements hoping you will say something that minimizes their liability. Do not sign anything or provide recorded statements without legal counsel.
By securing a dedicated wrongful death attorney in Lakewood early, you create a protective barrier between your family and the insurance companies, allowing you to grieve while we build the strongest possible case for your future.
Frequently Asked Questions
Who has the legal right to file a wrongful death claim in Colorado?
In Colorado, the right to file is determined by a strict hierarchy under the Wrongful Death Act (C.R.S. § 13-21-201). During the first year after the date of death, only the surviving spouse has the exclusive right to file a lawsuit. If the spouse chooses, they can grant written permission to the deceased’s children to file. In the second year, the eligibility expands; the surviving spouse, the children, or both may file. If the deceased was unmarried and had no children, the parents are then eligible to pursue a claim. A knowledgeable Lakewood wrongful death lawyer can help determine your specific standing based on this timeline.
Can I still file a wrongful death lawsuit if the responsible party is facing criminal charges?
Yes. A wrongful death claim is a civil action, which is entirely separate from any criminal proceedings handled by the Jefferson County District Attorney’s Office. Even if the defendant is acquitted of crimes like vehicular homicide or manslaughter in criminal court, you can still win a civil lawsuit. The burden of proof in civil court is “a preponderance of the evidence,” which is lower than the criminal standard of “beyond a reasonable doubt.” Our wrongful death attorneys in Lakewood often run parallel investigations to ensure your family secures financial justice regardless of the criminal verdict.
How are settlements paid out, and are they taxable?
Generally, wrongful death settlements are structured to compensate for physical injuries or sickness (in the context of the deceased’s suffering) and financial losses. According to the IRS, compensatory damages for wrongful death are typically tax-free. However, if a jury awards punitive damages – money intended to punish the defendant for reckless behavior like drunk driving – that portion may be taxable. Furthermore, if you claim interest on a settlement that took years to resolve, that interest is taxable. We recommend consulting with a tax professional alongside your Lakewood personal injury attorney to understand the net recovery.
What happens if the fatal accident occurred at work?
If a loved one died due to a workplace accident in Lakewood, the case often falls under Colorado’s Workers’ Compensation Act. Typically, this provides death benefits to dependents but prevents you from suing the employer directly. However, there is a major exception known as a third-party liability claim. If a third party (such as a defective equipment manufacturer or a negligent subcontractor not employed by the same company) caused the death, you can file a standard wrongful death lawsuit against them. This allows families to recover damages that Workers’ Comp does not cover, such as pain and suffering.
How long does a wrongful death lawsuit take to resolve in Jefferson County?
The timeline varies significantly based on the complexity of the case. A straightforward claim where liability is clear might settle in 6 to 12 months. However, if the case goes to litigation in the Jefferson County Combined Courts in Golden, it can take 18 months to several years. Factors affecting the timeline include the discovery process, the court’s docket availability, and the willingness of insurance companies to negotiate fairly. An experienced wrongful death law firm in Lakewood will always prepare a case for trial to ensure the defense takes settlement talks seriously.
How much does it cost to hire a wrongful death attorney?
At Boesen Law, we operate on a contingency fee basis. This means you do not pay any upfront legal fees or retainers. We cover the costs of the investigation, expert witnesses, and filing fees. Our firm only gets paid if we successfully recover compensation for your family through a settlement or verdict. This model ensures that every grieving family in Lakewood has access to high-quality legal representation without adding financial stress to an already difficult time.
Contact a Lakewood Wrongful Death Lawyer Today
Time is critical in these cases. Evidence can disappear, and memories fade. At Boesen Law, we are available 24/7 to listen to your story. Contact our Lakewood wrongful death lawyers today for a free, no-obligation consultation. Let us handle the legal burden so you can focus on your family.
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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