Firm News

Burg Simpson’s Wrongful Death Lawyers

By Heidi Culbertson

January 2, 2019  

There are few things in life as tragic as losing a loved one in an accident that was caused by the negligence of another party. Statistics from the Centers for Disease Control indicate that a wrongful death is the 4th leading cause of death in the U.S. If you have lost a loved one in a crash that was someone else’s fault, please complete our FREE Case Evaluation Form, and/or call Burg Simpson today at 303 792 5595 to schedule a consultation with a wrongful death attorney.

Colorado’s Wrongful Death Act

Colorado’s wrongful death act, § 13-21-201 and 202, states that if death is the result of the negligent or careless actions of another party, the family of the descendant can file a wrongful death action against the negligent party. Only one wrongful death action is permitted for each wrongful death case, which means that several family members cannot file separate wrongful death claims. The wrongful death law allows for spouses, parents, adopted children, siblings, and dependent children to file as plaintiffs in these types of cases. Wrongful death lawsuits are handled in the same manner as personal injury cases, except that the plaintiff is a family member who is representing the deceased.

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Filing a Wrongful Death Claim

wrongful death suit is a civil claim filed by the deceased’s family against the negligent party. Generally, these claims fall into two broad categories:

  1. Wrongful acts:

These are deaths that occur as the result of violent criminal actions. The defendant does not necessarily have to be convicted of the crime to be held liable in a wrongful death lawsuit.

       2. Negligent acts:

Most wrongful death cases fall into the category of “negligent acts.” These consist of unintentional actions that result in death, such as:

  • Ignored safety protocols.
  • Failure to warn of a hazard.
  • Reckless behavior.

Wrong Death Claims Include:

  • Medical malpractice.
  • Motor vehicle accident.
  • Dangerous premises.
  • Nursing home abuse.
  • Work-related injuries.
  • Defective products.

Determining Whether a Wrongful Death Claim is Possible

Individuals and companies often seek protection from wrongful death lawsuits from their employees by using waivers. When employees sign a document promising not to take civil action against the employer for an injury or death, this can be a strong defense against a civil law suit, but it is not absolute. Even in these cases, there may still be potential for the family to take civil action. So if your loved one signed a waiver, you should still talk to an attorney to determine if a wrongful death claim is a viable option.  It is important to consult with an attorney on your wrongful death claim as soon as possible to begin building a strong case for you to receive the compensation you deserve.

Who May File a Wrongful Death Claim?

A wrongful death lawsuit must be filed by a family representative on behalf of the survivors who suffered damages as a result of the decedent’s death. The statute of limitations on wrongful death claims end after a period of two years.

  • In Colorado, the surviving spouse is the only person who can file a wrongful death suitwithin the first year after death.
  • If the deceased has no surviving spouse or children, Colorado law stipulates that the deceased’s parents may file the wrongful death claim.

If you have lost your spouse because of someone else’s negligent actions, call Burg Simpson at 303-792-5595 to file your claim.

Who May Be Sued for a Wrongful Death?

Wrongful death lawsuits can be brought against persons, companies, government agencies, and/or employees. These can include:

  • The builder of a defective roadway.
  • The government agency that failed to provide sufficient warnings of a hazard that caused the crash.
  • The manufacturer, wholesaler, or installer of a flawed part of the vehicle.
  • The persons who provided alcohol to the impaired driver.

Types of Damages That Can be Recovered in a Wrongful Death Case:

  • Medical expenses.
  • Funeral expenses.
  • Lost wages.
  • Future income potential.
  • Pain and suffering on behalf of the decedent and the decedent’s loved ones.
  • Emotional distress.

Contact Burg Simpson Today for Help Filing Your Claim

Punitive damages may also be an option in wrongful death cases. Punitive damages are used to punish negligent behaviors while also acting as a deterrent to warn others from behaving the same way.

If the other party lacks the insurance necessary to pay the compensation for the loss incurred, there may be other avenues to pursue. These could include the defendant’s employer, or your insurance company. In wrongful death cases, it is important to retain an experienced Denver injury lawyer who knows how to navigate the legal process associated with these kinds of claims.

The Denver wrongful death attorneys at Burg Simpson have pursued hundreds of wrongful death lawsuits over the last 4 decades. Our lawyers understand the pain these tragedies can bring, and the Burg Simpson legal team will do everything we can to secure the compensation you deserve.

Burg Simpson’s WRONGFUL DEATH ATTORNEYS include:

Updated: 1/2/2019

 

 

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