Have you experienced a beloved family member dying due to the intentional or unintentional actions of a negligent person? If this describes something you are experiencing, then you might have a wrongful death case in a Colorado court of law – and the law firm of Dulin McQuinn Young can help with that.
Working with our Denver wrongful death attorneys is as simple as booking your first meeting. Request your free wrongful death case review today.
How a Denver Wrongful Death Attorney Can Help
At Dulin McQuinn Young, we understand the challenges families must face when filing a wrongful death case. Our compassionate attorneys choose to take on these struggles alongside grieving loved ones and fight to hold negligent people and organizations responsible for the suffering they cause.
Our law firm has the knowledge and resources to face the most complex wrongful death claims and successfully do the following:
- Conduct a thorough accident investigation;
- Gather accident scene and documentary evidence;
- Interview eyewitnesses;
- Identify all liable parties;
- Pursue every source of compensation;
- Hire accident, economic, and medical experts;
- Calculate current and future accident-related expenses;
- Demand fair and just compensation;
- Negotiate a settlement; or
- Move forward with litigation.
Have your questions answered by a wrongful death attorney at Dulin McQuinn Young today. You must understand Colorado’s wrongful death laws, and how they affect obtaining the compensation your family needs to move forward.
Our Denver Injury Case Results
We are proud to represent injury victims in Denver and across Colorado with integrity and fierce dedication. Some notable settlements and verdicts we have secured on behalf of our clients include:
- $11,000,000 Settlement: Contested liability in wrongful death trucking case in Weld County, CO.
- $8,000,000 Settlement: Contested liability in catastrophic injury trucking case in Denver County, CO.
- $3,650,000 Settlement: Contested liability in burn injury case in Adams County, CO.
“The whole law firm together was incredibly wise, smart, and very compassionate.”-A.M.
Denver Wrongful Death Resources
- What is a Wrongful Death
- How Long Does a Wrongful Death Claim in Denver Usually Take?
- Accidents that Result in Wrongful Death
- Establishing a Wrongful Death Claim in Denver
- Who is Eligible to Bring a Denver Wrongful Death Claim?
- What Damages Are Families Entitled to in a Wrongful Death Claim?
- Statute of Limitations for Denver Wrongful Death Claim
- Wrongful Death Statistics
- Denver Wrongful Death Frequently Asked Questions
- Locations We Serve
- Contact Our Denver Wrongful Death Attorneys
What Is Wrongful Death in Denver?
In Colorado, wrongful death is a type of personal injury case in which an individual dies due to careless actions or negligent inaction of an individual or organization. Wrongful death cases are civil cases filed by a deceased individual’s loved ones seeking monetary damages. Our Denver personal injury lawyers can help you file this claim.
In Denver, wrongful death claims hold those responsible for a loved one’s tragic loss accountable. Proving the defendant’s liability is crucial, demonstrating their direct actions caused the death and they owed a duty of care. Insurance coverage may provide compensation to the bereaved family but seeking legal counsel is essential to navigate the complexities and ensure justice for grieving families.
These cases are not to be confused with manslaughter or homicide cases which are criminal cases. Criminal cases are charged and filed by the state against individuals for breaking laws. Penalties in criminal cases include jail or prison time, restitution, and probation.
How Long Does a Denver Wrongful Death Claim Usually Take?
Several factors impact the time it takes for a wrongful death claim to be resolved. Every wrongful death claim is different as are the families and circumstances involved.
Most Wrongful Death Claims Take Between One and Four Years
Most wrongful death claims will take between one and four years to complete the claims process from investigation through negotiations, discovery, appeal, and potentially, trial. It is rare for an insurer to readily accept blame for a wrongful death.
Investigation
Wrongful death claims require a thorough investigation and evidence gathering processing by all sides. Wrongful death attorneys, like those at Dulin McQuinn Young, work tirelessly to build a strong trial-ready case on the deceased’s behalf that will stand up to insurance company attacks like blame-shifting and claim rejection.
Negotiations
Evidence-gathering and positioning between the insurer and the claimant’s attorney will set the stage for negotiations. Negotiations are an avenue for settlement without going to trial.
If the insurer makes a fair settlement offer during negotiations, the claim will end with an agreement. Otherwise, the wrongful death case will continue into litigation and the discovery process.
Discovery
The discovery process is the evidence-gathering part of a lawsuit. It is a formal time for both parties to question the other, their witnesses, and request copies of the other’s documents.
The more complex a wrongful death case is, the more extensive and time-consuming trial discovery. Information a wrongful death attorney might obtain in discovery includes:
- Insurance company statements;
- Medical records;
- Expert witness testimony;
- Eyewitness testimony;
- Security camera footage;
- Cell phone records;
- Black box data;
- Personnel records;
- Toxicology screening reports; and
- Staff or driver disciplinary records.
The more witnesses that need to be interviewed, the longer the discovery process for both sides. While discovery is tedious, it can be beneficial.
Discovery can bring unknown information to light and lead to a settlement in a wrongful death case eliminating the need for trial.
Appeal
Should a trial take place, both parties will have the opportunity to present their case in full to the court. This may take weeks or months. Once a trial concludes and the court renders a decision, the losing party may choose to appeal the court’s decision.
Reasons to Delay a Wrongful Death Claim
There are some reasons a family may choose to delay filing a wrongful death claim when there is an ongoing criminal case. To find out if any of the following are applicable to your claim, speak with an experienced wrongful death attorney:
- A criminal case may toll or stay the statute of limitations to file a wrongful death lawsuit;
- Waiting could provide more conclusive evidence for use in the civil case effectively helping to prove the wrongful death case; and
- Moving ahead could hurt both cases.
Wrongful Death Cases are Multi-Faceted
Wrongful death cases are multi-faceted. They involve multiple parties, legal theories, and strategies.
Regardless of the circumstances surrounding your loved one’s wrongful death, you need experienced legal counsel to see you through the legal processes of a wrongful death case. The wrongful death attorneys at Dulin McQuinn Young have the resources and knowledge to stand up for you and your loved one and fight for the recognition and compensation your family deserves.
“The entire team was a pleasure to work with and I highly recommend them to anyone looking for a personal injury lawyer.”
What Accident Types Result in Wrongful Death?
While any Denver personal injury accident can result in wrongful death, car accidents rank among the deadliest. Other dangerous accidents include:
- Car accidents;
- Truck accidents;
- Motorcycle accidents;
- OHV accidents;
- Defective products;
- Bicycle accidents;
- Pedestrian accidents;
- Slip and fall accidents;
- Defective drugs; and
- Medical malpractice injuries.
A personal injury accident claim becomes a wrongful death claim when a loved one passes from their accident-related injuries.
Establishing a Denver Wrongful Death Claim
To prove a wrongful death claim in Denver, an attorney must establish the following:
- A person was killed;
- Their death occurred directly or indirectly as a result of someone’s negligent actions or intentional wrongdoing; and
- The surviving family has suffered financial loss as a result of the death of a loved one.
Most Colorado wrongful death claims require proving the deceased person was less responsible for the accident than the other party. Any percentage of fault that is assigned to the deceased will be deducted from their total damages award.
For example, a deceased victim who is assigned 20% fault for their accident will have their damages award reduced by that amount. This would make a $100,000 damages award $80,000.
Proving Negligence in a Wrongful Death Case in Denver
Proving negligence in a wrongful death case in Denver requires documentary evidence of the negligent act that directly caused a loved one’s death or the injuries that resulted in their death. It also requires proof of monetary damages resulting from the loss of a loved one.
Wrongful death claims are unique and produce different types of documentary evidence to validate a claim. Any of the following can used as proof in a wrongful death claim:
- Photos of the accident scene;
- Accident reports;
- Store incident reports;
- Workplace accident reports;
- Workplace or store security video;
- Traffic camera footage;
- Residential security footage;
- Eyewitness testimony;
- Expert medical testimony;
- Accident reconstructionist testimony;
- Physical evidence such as clothing or property damage;
- Medical bills and invoices;
- Pay stubs;
- Property repair statements; and
- Employment records.
It is vital a family has strong evidence to back up a wrongful death claim as the insurance company will likely attempt to shift some or all of the blame for the accident on the deceased. They may also assert that the compensation demanded by the family is exaggerated.
Who is Eligible To Bring A Denver Wrongful Death Claim?
Only a spouse can bring a wrongful death case within the first year of the victim’s death. The deceased’s parents may file a case if the victim is unmarried.
Upon the second year within the statute of limitations, surviving children or designated beneficiaries may bring a wrongful death case against a negligent third party. However, that is the extent of who is eligible to bring a case. No extended family or friends can bring a wrongful death case in Colorado.
What Damages Are Families Entitled to in a Wrongful Death Claim in Denver?
Colorado does not limit what kind of damages a victim’s family is entitled to in a wrongful death case. In a wrongful death case, family members can be entitled to economic, non-economic, and punitive damages.
Economic damages in a wrongful death case may include:
- Medical bills before the deceased’s passing;
- Any funeral expenses; and
- Accident-related property damage.
Non-economic damages in a wrongful death case are often the following:
- Mental and emotional trauma;
- Loss of consortium or companionship; and
- Loss of services provided (by the deceased).
Punitive damages are meant to punish the wrongdoer rather than award the deceased’s family. These damages are awarded only in cases of extreme recklessness or disregard for the victim.
Limitations On Non-Economic Damages
Colorado has an extensive system of damage caps in all personal injury cases, including wrongful death. While there’s no cap on economic damages in Colorado for wrongful death, there is a cap on non-economic damages.
The Colorado Department of State periodically modifies and increases the damage caps to adjust for inflation, set to the consumer price index of Denver/Boulder metropolitan area.
As these can change, it is best to examine the current rate certificate using the governing statute number, which in the case of wrongful death is C.R.S. 13-21-203(1).
Limitations On Punitive Damages
Punitive damages have damage caps in Colorado. These damages cannot exceed the compensatory damages for the typical Coloradan personal injury case.
However, if a wrongful death case goes to trial, the court can increase the damage caps to up to three times the economic and non-economic damages.
What’s The Statute Of Limitations Of Wrongful Death Claims in Denver?
The statute of limitations on wrongful death cases is usually two years, starting from the victim’s date of death.
This changes if the individual in question was the victim of a vehicular homicide (also known as a hit-and-run). If an individual suffers a wrongful death in this situation, the surviving family has four years to file a case.
Wrongful Death Statistics
While no one likes to think about death, especially unintentional death, it ranks highly as a cause of death in the United States and Colorado. Car accidents, falls, workplace accidents, and preventable medical errors are among the most cited wrongful death statistics.
Medical Errors
Medical errors have repeatedly ranked as the third leading cause of death in the United States. Hospital errors alone are reported as contributing to more than 400,000 patient deaths every year.
Workplace Accidents
The U.S. Bureau of Labor Statistics reported 5,190 fatal work injuries in the United States in 2021. This was an 8.9% increase from 4,764 in 2020. Nearly 48% of all workplace fatalities occurred in the construction industry.
Falls
Deaths from unintentional falls make up 44,686 of unintentional fatalities or 13.5 deaths per every 100,000. Motor vehicle traffic deaths are slightly higher at 13.7 per every 100,000 or 45,404.
All Unintentional Injuries
According to the National Vital Statistics System, deaths resulting from unintentional injuries numbered 224,935 in 2021. This is nearly 68 deaths per every 100,000 people making deaths from unintentional injuries the 4th cause of death in the United States.
Colorado
Unintentional deaths in Colorado rose from 2007 to 2017 from 2,056 to 3,037. In 2022, 754 lives were lost to car accidents alone in Colorado. This is a 57% increase from 2012 and includes a record number of pedestrians and motorcyclists.
If you lost a loved one to wrongful death in Colorado, contact an experienced attorney like those at Dulin McQuinn Young immediately for advice.
Denver Wrongful Death FAQs
What Is Considered a Wrongful Death Under Colorado Law?
Under Colorado law, a wrongful death occurs when someone’s death is caused by the negligence, recklessness, or intentional misconduct of another party. This could involve various situations, such as car accidents, medical malpractice, workplace incidents, or even criminal activities. When someone’s actions or omissions lead to a fatal outcome, surviving family members may have grounds for a wrongful death claim to seek compensation for their losses.
How Can a Denver Wrongful Death Attorney Help My Family During This Difficult Time?
During the challenging aftermath of a wrongful death, a dedicated wrongful death lawyer in Denver can provide crucial support. We understand the emotional and legal complexities you’re facing. We’ll handle the legal aspects of your case, allowing you and your family to focus on healing. Our role involves investigating the circumstances of the death, gathering evidence, consulting experts, and building a strong case. We’ll negotiate with insurance companies and, if necessary, litigate on your behalf. Our goal is to secure the compensation you deserve while offering empathetic guidance throughout the process.
What Is the Process for Investigating and Pursuing a Wrongful Death Case, and How Long Does It Usually Take?
Investigating and pursuing a wrongful death case in Denver involves several steps. We start by understanding the details surrounding the death through evidence collection, witness statements, and expert evaluations. We then assess liability and determine potential compensation. The negotiation phase with insurance companies or responsible parties follows. If an agreement isn’t reached, litigation might be necessary.
The duration varies based on the complexity of the case, cooperation from all parties, and court schedules. While some cases settle within months, others might take a year or more. At Dulin McQuinn Young, our priority is to ensure a thorough, fair process that addresses your family’s needs. We’ll keep you informed at every stage, striving for a resolution that provides closure and financial support during this difficult time. Contact us for more guidance and a free consultation.
Areas We Serve
We serve all over Denver, CO, including:
Capitol Hill | LoDo (Lower Downtown) | Highland | Cherry Creek | Washington Park | River North Arts District (RiNo) | Uptown (North Capital Hill) | Baker (South Broadway) | Athmar Park | Five Points | Congress Park | Park Hill | City Park | Cheesman Park | Sloan’s Lake | Platt Park | Sunnyside | Berkeley | Curtis Park | Stapleton | West Highland | Belcaro | Hilltop | Montclair | Cole | Cherry Creek North | Globeville | University Hills | Whittier | Virginia Village | University Park
Seeking Wrongful Death Case Help? Look No Further Than Our Denver Wrongful Death Attorneys
At Dulin McQuinn Young, we are powerful allies in your search for justice. Our Denver wrongful death lawyers understand and recognize the pain you are going through. And while no financial compensation can bring the deceased back to you, financial damages can help with any outstanding bills or financial issues.
Don’t hesitate – reach out today for your free, no-obligation wrongful death case review. In this case review, we’ll review your case’s fine details and give you our best recommendation as to your ideal next steps. Contact our wrongful death lawyers in Denver today for help with your wrongful death lawsuit and a free consultation.