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 Kane 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.
Denver Wrongful Death Resources
- How a Denver Wrongful Death Lawyer Can Help
- Our Case Results
- What is a Wrongful Death in Denver?
- 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 in Denver?
- Statute of Limitations for Denver Wrongful Death Claim
- Denver Wrongful Death Frequently Asked Questions
- Locations We Serve
- Contact Our Denver Wrongful Death Attorneys
How a Denver Wrongful Death Attorney Can Help
At Kane 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 Kane 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.
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.
Wrongful death cases are a type of personal injury case. They are filed on behalf of the deceased as if they had survived an accident.
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.
“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.
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.
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 Kane 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 Kane 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.