How Do You Negotiate a Wrongful Death Settlement?

Losing a loved one in a preventable accident is one of the most devastating experiences a family can endure. Often resulting in unimaginable grief, these losses can also cause uncertainty about the future, compounding difficulties and making it hard to know how to proceed. This is where talking to a wrongful death lawyer can help. Although no legal action can ever replace the person you have lost, a wrongful death settlement can help to address financial burdens, helping ensure your family is cared for in the years to come.

What Is a Wrongful Death Settlement?

Wrongful death occurs when a person is killed in an accident caused by someone else. While this may result in criminal charges as well, a wrongful death claim is a civil action that seeks compensation for the victim’s family.

A reasonable wrongful death settlement will compensate for your family’s losses, including your loved one’s end-of-life expenses, lost future income, and more. However, negotiating a fair settlement is neither a simple task nor one that should fall on your shoulders.

Having a Denver wrongful death attorney on your side provides support, protection, and comfort. It also helps to ensure your case is handled appropriately and that complete damages are sought. Whether calculating the full scope of your family’s losses or negotiating a fair wrongful death settlement, legal guidance can make a significant difference in your pursuit of justice.

We Can Help Negotiate a Fair Wrongful Death Settlement

At Burg Simpson, our wrongful death lawyers have decades of experience supporting families, negotiating with insurance, and arguing cases in court. Thorough in our case preparation and relentless in our pursuit of justice, we are here to listen to your story, help you understand your options, and seek the comprehensive wrongful death settlement your family deserves.

Call us at 303-792-5595 to schedule a FREE and confidential consultation with a Denver wrongful death attorney today. We are here to listen, advise, and fight for families living in Fort Collins, Boulder, Colorado Springs, and throughout the state.

Wrongful Death Settlement Damages

A wrongful death settlement is intended to address both the financial and emotional toll of losing a loved one due to someone else’s negligence. Families often need this compensation to cover the many expenses and losses connected to the unexpected and untimely death of an immediate family member.

While each case must be tailored to address the losses suffered by individual families, common economic damages sought through a wrongful death settlement include:

• Medical Expenses. These may include medical bills that accumulated before your loved one’s passing, including hospital stays, surgeries, and other treatments.
• Funeral and Burial Costs. These include costs associated with funeral services, cremation, headstones, memorials, and similar end-of-life expenses.
• Lost Wages and Future Earnings. These include the financial contributions your loved one would have provided over the course of their life.
• Loss of Benefits. These can include health insurance, retirement contributions, pension plans, and other benefits that the deceased would have provided.

In addition to economic damages, a Denver wrongful death attorney can help you seek non-economic damages as well. These may include:

• Loss of Companionship, Guidance, and Emotional Support. Surviving family members not only lose financial support, they also lose the emotional care and guidance a loved one provides.
• Pain, Suffering, and Mental Anguish. The emotional distress experienced by surviving family members can have a profound impact on health and happiness.

Calculating the full scope of these damages may require consulting with medical and financial experts to ensure all relevant losses are accounted for. During your no-obligation, cost-free case review, we will listen to how your loss has and may continue to affect you to help you understand which damages you may be entitled to seek.

Who Can File a Wrongful Death Claim in Colorado?

Under Colorado Revised Statute § 13-21-201, parties eligible to seek a wrongful death settlement in Colorado are typically:

• The surviving spouse
• The surviving children
• The decedent’s designated beneficiary
• The decedent’s parents
• Surviving siblings and their heirs

In Colorado, the surviving spouse is given priority, with other beneficiaries obtaining the right to file a claim under specific circumstances. This can make it difficult to tell if you are entitled to seek a wrongful death settlement through legal action. Talking to one of our Denver wrongful death lawyers is a good way to understand your rights and options, and determine how best to seek justice for you and your family.

The Wrongful Death Settlement Negotiation Process

Negotiating a wrongful death settlement involves more than talking to insurance. The process typically includes an investigation into the accident to gather evidence that supports your damages. This can require poring over accident reports, medical records, and witness statements, all of which can play a key role in establishing liability. Liability must be established to proceed with a wrongful death claim.

After liability has been determined, a demand letter outlining the damages will need to be sent to the opposing party’s insurance company or defense attorney. This initial offer is almost always countered, sparking a back-and-forth negotiation process which can continue for several months. Without the assistance of an attorney, it will be up to you alone to fight for the best outcome.

How a Denver Wrongful Death Attorney Can Help

A Denver wrongful death lawyer who has sufficient experience handling these claims will understand how to calculate damages and negotiate with insurance companies. Lawyers who regularly practice in this area will also recognize the unique challenges grieving families face. They will manage the legal complexities—communication, paperwork, and negotiation—so that you can focus on the things that matter: honoring your loved one and healing your family.

It is important to note that most wrongful death claims are settled during the negotiation process. Some, however, require a trial. When you hire a wrongful death attorney, they can represent you in court should settlement negotiations prove unsuccessful. Not all lawyers are equally experienced in trial settings. Be sure to select an attorney with trial experience and a proven history of success.  

Burg Simpson Will Fight for You

Burg Simpson is a nationally recognized personal injury law firm with a proven track record of fighting for families in Denver and throughout Colorado. Over the past four decades, our firm has recovered more than $2 billion in verdicts and settlements on behalf of our clients, earning us a reputation as one of the Best Law Firms in America. Our experienced team of trial lawyers and legal professionals knows how to build the strongest possible case for people who have lost a loved one because of someone else’s negligence.

We recognize that no amount of financial recovery can replace a lost loved one. Still, a well-negotiated wrongful death settlement can help to ease financial burdens and bring a sense of justice. Our lawyers are prepared to do what it takes to protect your rights and interests at all times—and to take your case as far as necessary to achieve the best possible outcome.

Talk to a Denver Wrongful Death Attorney for FREE

If you need help with a wrongful death settlement in Colorado, Burg Simpson is here to help. Contact us online or call us today to schedule a FREE case evaluation. We will listen to your story, outline your options, and answer any questions you have about pursuing justice for your loved one. Based in Denver, Burg Simpson fights for families living along the Front Range, across the Eastern Plains, and throughout the Western Slope of Colorado.