Denver Wrongful Death Lawyer
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Losing a loved one is always difficult, and it can be even harder when someone else’s negligence is to blame. You are likely struggling with complicated emotions, unexpected expenses, and the loss of long-term support. While nothing can make up for the loss of a loved one, you may be able to obtain a certain amount of accountability and closure by filing a wrongful death claim.
Olson Personal Injury Lawyers is here for you. We’ll go the extra mile to pursue the justice your family deserves for your loss, providing the highest quality representation possible and exceptional client service to pursue the compensation you deserve. Call (303) 381-2234 or contact us online to learn how we can help.
Table of Contents
- Why Trust Our Denver Law Firm With Your Wrongful Death Claim?
- What Is Considered a Wrongful Death According to Colorado Law?
- Who Can File a Wrongful Death Claim in Denver?
- How To Prove a Wrongful Death in Denver
- Common Causes of Wrongful Death in Denver
- What To Expect From the Wrongful Death Lawsuit Process
- Compensation Available for Wrongful Death Claims
- Trusted By Our Colorado Clients
- You Deserve Justice After the Loss of a Loved One
- Denver Wrongful Death FAQs
Why Trust Our Denver Law Firm With Your Wrongful Death Claim?
At Olson Personal Injury Lawyers, we have extensive experience representing clients in personal injury and wrongful death matters. We have a 99.6 percent success rate and have recovered millions in compensation for our clients.
Some examples of our exceptional case results include the following:
- $9 million for a client whose father was helping a motorist at a gas station when another driver ran over and killed him
- $1.5 million for a client whose loved one died after being ejected from the backseat of a car with an intoxicated driver
- $1 million for a client whose loved one died of a gunshot wound because another person failed to follow safety protocol
We treat each case as if it were our own—that’s how important we think your case is. You’re a person, not just a case. Thus, we are committed to providing compassionate, personalized service. We will even come to your home or medical facility or speak with you over Zoom. Meeting with you gives us the best opportunity to hear all the details of your story, learn about the circumstances of your case, and build the best case possible.
What Is Considered a Wrongful Death According to Colorado Law?
Colorado defines a wrongful death as one resulting from a “wrongful act, neglect, or default of another,” which would have entitled the deceased to file a lawsuit and recover damages if the conduct had not led to the death.
A wrongful death action allows certain surviving family members to recover damages for losses related to the injury and death.
Who Can File a Wrongful Death Claim in Denver?
Eligibility to file a wrongful death claim depends on a person’s relationship to the deceased and the length of time that has passed. Only a surviving spouse can file a claim within the first year after the death. However, the spouse may provide written permission for others to join the lawsuit. If there is no surviving spouse, the children have the option to file, and if there are no children, the parents can initiate a lawsuit.
After one year, the deceased’s children can bring the claim, assuming there is no surviving spouse or the spouse has not filed a lawsuit. If the deceased has no surviving spouse or children, their parents may file a wrongful death action.
Previously, siblings had no right to file a wrongful death suit. However, a new law that went into effect January 1, 2025, now allows siblings to file in select cases.
In addition, the personal representative of the deceased’s estate can also file a survival action in certain circumstances. A survival action differs from a wrongful death claim. It compensates the estate for losses the deceased could have claimed had they survived.
How To Prove a Wrongful Death in Denver
A wrongful death occurs when a person or organization violates their duty of care to the deceased. For example, a health care provider has a duty to treat patients with professional skill and attention. Meanwhile, a driver has a duty to operate their vehicle safely.
To prove that someone violated their duty of care and caused your loved one’s death, you must prove the following four elements:
- Duty of care: The defendant had the legal duty to avoid harming the deceased.
- Breach of duty: The defendant failed to meet the standard of care they owed to the deceased.
- Causation: The defendant’s breach of duty harmed the deceased and caused their death.
- Damages: The incident and death resulted in recoverable damages.
In a wrongful death case, the plaintiff must prove that the defendant failed to take reasonable steps to avoid harming the victim and that this failure directly caused the victim’s death and other damages mentioned in the lawsuit. Damages may include lost income, medical bills, and pain and suffering.
No amount of money can replace your loved one, but a wrongful death claim can help ease financial burdens and hold the responsible party accountable. Let us fight for the justice your family deserves.
Common Causes of Wrongful Death in Denver
Wrongful deaths can take a wide variety of forms. Some of the most common causes of wrongful death in Denver:
- Car accidents, including drunk driving, driving while fatigued, speeding, reckless driving
- Motorcycle accidents
- Truck accidents
- Bicycle accidents
- Premises liability cases, such as slip-and-fall accidents and negligent security
- Defective products
- Medical malpractice and negligence
- Nursing home abuse
- Workplace accidents and injuries
- Defective products, including dangerous drugs
- Criminal acts, such as battery and murder
This is not a complete list. If someone in your family died as a result of someone else’s wrongful actions, there’s a good chance you have a wrongful death claim. Our wrongful death lawyers can review your case with you and explain your options.
What To Expect From the Wrongful Death Lawsuit Process
At Olson Personal Injury Lawyers, we develop a personalized strategy based on your case’s needs and circumstances, attending to each detail so nothing falls through the cracks.
Step 1: Free Case Consultation
We’ll meet with you in person or over Zoom and listen to your story. Your experience is the core of your case, and we want to hear it in your own words. It’s how we understand what you’ve been through and how your loved one’s unexpected death has impacted your life and your family’s.
From there, we’ll develop a strategy and provide ongoing communication so you always know what’s happening with your claim.
Step 2: Investigate and Gather Evidence
As personal injury attorneys, we have the resources and expertise to gather evidence that is not easily accessible to most individuals. We’ll investigate, consult experts, collect reports from law enforcement, and work with accident scene reconstruction professionals as necessary.
Then, we’ll analyze that evidence with a fine-tooth comb to understand what happened and how.
Step 3: Establish Fault
We’ll use our analysis of evidence to determine the cause of your loved ones’ death and identify all the liable parties. There may be more responsible individuals or organizations than you suspected initially. Identifying the at-fault parties allows us to build a strong case against them and maximize your potential compensation.
Step 4: Negotiate With Insurance Companies
Many wrongful death claims start by approaching an insurance company. Unfortunately, these organizations prioritize their bottom lines. They will likely shift blame for your loved one’s death or make a lowball offer to avoid paying a fair settlement. You need an expert attorney who understands your rights and will stand up to the insurers.
Our attorneys fight aggressively against insurance companies. We’ll handle all aspects of the negotiation process so you can focus on dealing with your family’s loss and moving on with your life.
Step 5: Litigate and Go to Trial If Necessary
If a fair settlement with the insurance company is impossible, we are fully prepared to bring your case to trial. We are skilled and experienced trial attorneys who won’t hesitate to advocate for you in court if necessary.
Whether we go to trial or not, your wrongful death attorney will stay in touch every step of the way. We’re here to answer your questions and offer advice on how to move forward.
Our Commitment to You
We understand that every case is unique and requires an individualized approach. Your attorney is dedicated to supporting you, starting at our first meeting. Even after we’ve closed your case, we’re available to answer any questions you might have about your claim.
Compensation Available for Wrongful Death Claims
Lawsuit compensation may include economic and non-economic damages. Economic damages represent measurable financial losses, while non-economic damages cover intangible harm.
Potentially available compensation in a wrongful death claim includes:
- Medical bills: Expenses related to the cause of death, including attempted lifesaving measures and end-of-life care
- Loss of earning capacity: Lost wages starting from the date of injury, including earnings the deceased would have received in their natural lifetime
- Final expenses: Funeral and burial costs
- Grief and emotional stress: Compensation for the family’s suffering before and after the unexpected death
- Loss of companionship: Damages related to the long-term loss of the relationship, including everyday support, legally known as loss of consortium
In cases where the defendant showed extreme negligence or malice, the plaintiff may qualify for punitive damages, which Colorado calls exemplary damages. These penalize the defendant for willful harm or acute disregard of others and do not directly relate to the defendant’s losses.
Colorado caps punitive damages equal to awarded damages corresponding to the defendant’s losses. There is also a cap on damages for pain and suffering in personal injury and wrongful death cases. Recently, the cap has been $250,000 plus inflation or $500,000 plus inflation with justification.
New legislation has increased that maximum to $2.125 million as of January 2025 for non-malpractice cases. Beginning in 2028, the maximum amount will increase biannually based on inflation.
For medical malpractice wrongful death cases, the cap will increase to $1.575 million over five years. After that time, the cap will increase every two years for inflation.
Within those parameters, compensation still depends on the circumstances of your case. Our expert team can explain how damage caps might apply and help you maximize the value of your claim.
Trusted By Our Colorado Clients
You Deserve Justice After the Loss of a Loved One
If you recently lost a family member due to another party’s reckless behavior, you deserve to hold them accountable for the pain they have caused. We are here to help with personalized, family-oriented legal representation. We will assist you in seeking the compensation you deserve, allowing you to focus on your family.
Our clients’ experiences speak for themselves, and we are proud of the testimonials they have shared. To learn how we can help your family, call (303) 381-2234 or contact us online for a free consultation. There’s no cost unless we win—it’s our Zero Fee Guarantee.
Denver Wrongful Death FAQs
What's the Time Limit for Filing a Wrongful Death Lawsuit?
Colorado’s statute of limitations for wrongful death lawsuits is two years, beginning on the date of death. Rare exceptions exist, but missing your deadline may mean permanently relinquishing your right to file. Consult with a lawyer as soon as possible to learn about your rights.
How Much Does a Denver Wrongful Death Lawyer Cost?
At Olson Personal Injury Lawyers, we work on contingency, meaning we receive an agreed-upon percentage of your award. You pay nothing unless we win your case.
What's the Difference Between a Wrongful Death and Pursuing a Criminal Case?
A wrongful death lawsuit is a civil case, meaning a dispute between two entities. In a wrongful death suit, you pursue financial compensation for your losses. To win a civil case, such as a wrongful death suit, you must prove the defendant’s liability by a “preponderance of the evidence,” meaning it is more likely than not that the defendant caused your losses.
Prosecutors bring criminal charges on behalf of the government based on violations of state or federal criminal laws. A conviction requires proof of guilt “beyond a reasonable doubt,” which is a higher standard than a preponderance of the evidence. Criminal convictions result in punishments such as jail time and fines.
What Evidence Is Needed To Have a Strong Wrongful Death Case?
The goal of any wrongful death suit is to present objective proof that the other party was responsible for the deceased’s passing. That includes the following:
- Police reports
- Witness testimony
- Photo and video evidence
- Medical and final expense bills
- Health care records
- Death certificates
- Autopsy reports
- Results of formal investigations
- Expert opinions
The more documentation you and your attorney can gather, the stronger your case will be.
How Are Wrongful Death Settlements Calculated?
The amount of a wrongful death settlement depends on the deceased person’s circumstances, including the following:
- Age and life expectancy
- Health status
- Marital status
- Dependent children
- Income and earning capacity
To learn more about how much your claim might be worth, talk to one of our attorneys. We’re here to walk you through your options and help you decide your next steps.
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