Denver Wrongful Death Lawyers

{ "@context": "https://schema.org", "@type": "FAQPage", "mainEntity": [{ "@type": "Question", "name": "Who can bring a wrongful death lawsuit?", "acceptedAnswer": { "@type": "Answer", "text": "If a family member dies because of the accident, certain heirs may bring a wrongful death lawsuit against the at-fault driver. A wrongful death action may be brought by: “(a) The spouse of the deceased, (b) The heir or heirs of the deceased, (c) By the decedent’s designated beneficiary, or (d) If the deceased is unmarried and without descendants or a designated     beneficiary, [1] then the parents or parent of the deceased.”[2] However, regardless of who brings the action, the judgment obtained is to be shared by such persons who are heirs of the deceased." } },{ "@type": "Question", "name": "How long do certain family members have to file a wrongful death lawsuit in Colorado?", "acceptedAnswer": { "@type": "Answer", "text": "All wrongful death actions must be brought within two years after the cause of action accrues.[3]  Further, a cause of action for wrongful death accrues on the date of death.[4] However, all statutes of limitations are subject to tolling provisions when the owner of the right of action is a person under disability at the time the right of action accrues.[5]  “Persons under disability include a minor under the age of 18 years and a mental incompetent.[6]  The statute of limitations will begin to run when the disability is ended, the person under the disability dies, the minor turns 18, or a legal representative first represents the person under disability.”[7]" } },{ "@type": "Question", "name": "May I bring a wrongful death claim if my baby dies after birth?", "acceptedAnswer": { "@type": "Answer", "text": "Yes, parents may bring a wrongful death claim if their baby dies after birth as a result of prenatal injuries.[8]" } },{ "@type": "Question", "name": "What may I recover in a wrongful death lawsuit?", "acceptedAnswer": { "@type": "Answer", "text": "In a Colorado wrongful death action, the heirs may receive compensatory damages.[9]  This includes economic and non-economic damages.  The pecuniary loss that the heirs may receive is equivalent to the monetary benefit that the plaintiff and heirs “might reasonably have expected to receive”[10] from the decedent, less the normal costs of consumption.[11]  When making this determination on economic damages, a jury considers the “age, health, and life expectancy” of the plaintiff and heirs, and the decedents “habits of industry,” “ability to earn money,” “disposition to aid or assist” plaintiff and the heirs and “the nature of the relationship” between the decedent and those that are seeking recovery.[12] A wrongful death plaintiff may also recover non-economic damages.  Non-economic loss is “pain and suffering, inconvenience, emotional distress, and impairment of the quality of life.”[13]" } },{ "@type": "Question", "name": "If I have to prove someone was negligent in a wrongful death case what do I do?", "acceptedAnswer": { "@type": "Answer", "text": "In order to establish fault of the other party in a wrongful death lawsuit you must prove the party caused the underlying tort (the wrongful act). In most wrongful death cases the underlying tort is negligence. In Colorado negligence is defined as “the failure to do what a reasonably prudent person would do under similar circumstances.”[14] In order to prove negligence, the plaintiff must prove: “(1) a duty recognized by law requiring a defendant to conform its conduct to a standard of care to protect others from unreasonable risks or harm; (2) a breach of that duty—that is a failure by the defendant to conform to the standard; (3) causation; and (4) damages.”[15]" } },{ "@type": "Question", "name": "Do I have to file a lawsuit to get a positive result in a wrongful death situation?", "acceptedAnswer": { "@type": "Answer", "text": "No, not all wrongful death disputes result in a lawsuit being filed.  Your attorney may draft a demand letter, which presents facts about the wrongful death in order to persuade the at-fault party to provide adequate compensation. The demand letter is sent to the at-fault party, or their attorney (if they have retained an attorney) with supplemental documents, which the party will analyze and then respond with their settlement offer." } },{ "@type": "Question", "name": "What is Solatium?", "acceptedAnswer": { "@type": "Answer", "text": "Solatium is a type of damage that may be recovered in a wrongful death case in Colorado when the plaintiff cannot prove economic loss or when a plaintiff was estranged from the decedent at the time of death. This is an alternative to putting proof of various categories of non-economic loss, and a plaintiff may elect in writing to sue for “solatium” in the amount of $50,000[16] to be awarded in addition to economic damages and reasonable funeral and burial expenses.[17]" } }] }