Wrongful Death Lawyers in Denver
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When someone is injured due to the negligent behavior of another, he can file a lawsuit for his damages. If the victim dies in the accident, however, his close relatives can file a wrongful death lawsuit against the culpable party. A wrongful death lawsuit is brought by a plaintiff against a defendant to compensate for the death of a third person. A wrongful death lawsuit can be filed for a wide variety of intentional and negligent acts that result in someone’s death.
Wrongful death lawsuits are complex and typically require expert legal advice to win. The Denver wrongful death attorneys at Zinda Law Group have experience with these types of cases and can help you get the justice and compensation you deserve. Call 303-800-1501 today for a free consultation with an attorney. As our client, you will pay nothing unless we can win your wrongful death claim.
Who Can File a Wrongful Death Lawsuit
A wrongful death action can be brought by:
- Spouse – if married at the time of the accident
- Child – if at least one year has elapsed since the victim’s death or the victim’s spouse is no longer alive
- Parent – if the victim left no surviving spouse or children
A sibling cannot file a wrongful death lawsuit.
Types of Claims
Elements of a Wrongful Death Claim
Stated generally, to establish wrongful death you must show that the defendant committed an act or omission that was negligent, reckless, or intentional. A defective and unreasonably dangerous product can also form the basis of a wrongful death lawsuit.
In addition to establishing the death of the deceased and either wrongful conduct or a defective product, you must also show that the defendant’s conduct or the defective product actually caused the death of the deceased person.
Although the stereotypical wrongful death lawsuit is based on medical malpractice, many other causes of death can give rise to a wrongful death lawsuit including drunk driving accidents, unsafe conditions and intentional crimes such as homicide.
If you are an eligible relative, you may file a wrongful death lawsuit for homicide or another crime even if criminal charges are also filed against the defendant. You can still win a wrongful death lawsuit even if the defendant is acquitted.
Types of Wrongful Death Damages
You can claim many types of damages in a wrongful death lawsuit, including:
- Lost earning capacity
- Loss of services and counsel
- Emotional suffering
- Loss of love and companionship
Punitive damages for wrongful death are rare in Colorado, and apply only if the death was caused by the defendant’s outrageous conduct.
Colorado normally limits damages for intangible losses such as pain and suffering to $250,000, although there is no limit for tangible damages such as lost earnings and medical bills. Keep in mind that an employer can sometimes be held liable for a wrongful death of an employee in the course of employment.
Our Wrongful Death Lawyers are Here to Help
The attorneys at Zinda Law Group of Denver know how difficult the loss of a loved one can be. But you don’t have to take on a wrongful death lawsuit on your own. Our compassionate wrongful death lawyers can help represent you and seek compensation on your behalf. If you think you might have a wrongful death claim, call Zinda Law Group at 303-800-1501 today for a free consultation with an attorney. As our client, you will pay nothing unless we can win your wrongful death case.
Meetings with attorneys by appointment only.
Wrongful Death Stats
Questions to consider that will help you with a wrongful death claim
When is this claim valid?
- When a victim is killed as a result of negligence or an intentional harmful act
What do you need to prove?
- You will need proof that their actions were a direct cause of the death
- You will also need proof that the victim’s death caused the damages you are seeking to recover
Who can file a wrongful death claim?
- The spouse or the surviving children
- If there are no surviving spouse or children, the parents may file the claim
Should you have an attorney?
- Hiring a qualified personal injury attorney with experience in wrongful death cases is vital when seeking compensation for the death of your loved one