Wrongful death lawsuits are civil actions that allow families to seek compensation from those responsible for their loved one’s death. These legal proceedings address various losses, including funeral expenses, medical bills, and the deep emotional pain experienced by surviving family members.
Who Can File a Wrongful Death Claim in Aurora?
Colorado Statute § 13-21-202 governs wrongful death claims in Aurora. It outlines who can file a claim and what damages can be pursued. Additionally, this statute specifies the requirements for proving liability and the types of compensation available to grieving families.
The law establishes a clear priority order for filing wrongful death claims:
- Surviving spouse holds the primary right to file
- Children of the deceased can file if no spouse exists
- Parents may pursue claims when no spouse or children survive
- Personal representative of the estate acts when no immediate family members are available
The Legal Process of a Wrongful Death Claim
The legal process for a wrongful death claim follows a structured path:
Filing the initial claim: You start by submitting the necessary paperwork to initiate the lawsuit.
Formal notice to the defendant: The defendant (the party being accused) must be officially informed about the lawsuit.
Negotiation and mediation attempts: With the help of Aurora Wrongful Death Attorneys, you will try to reach a settlement through negotiation or mediation without going to court.
Discovery phase: If settlement discussions fail, both sides will gather evidence and exchange information during this stage.
Trial verdict or settlement agreement: The case will either be decided by a trial verdict or resolved through a settlement agreement.
Throughout this process, experienced attorneys will advocate for you and work tirelessly to secure the maximum compensation you deserve for your irreplaceable loss.
Common Causes and Accidents Leading to Wrongful Death Claims in Aurora
There are many tragic situations that can lead to wrongful death accidents in Aurora. One of the main causes is vehicle-related incidents, which include various types of accidents such as car crashes, bus collisions, motorcycle wrecks, and train accidents. These transportation-related fatalities often occur due to factors like driver negligence, faulty vehicle parts, or dangerous road conditions.
Common wrongful death accidents Aurora attorneys handle also include:
- Severe burn injuries from fires, explosions, or chemical exposure
- Dog bites and animal attacks resulting in fatal injuries
- Electric scooter accidents in busy urban areas
- Falls during ski or snowboard activities in nearby mountain resorts
- Criminal acts leading to fatal injuries, including assaults and homicides
According to CDC statistics, unintentional injury deaths claim 173,040 lives annually in the United States (52.7 per 100,000 population), ranking as the third leading cause of death. Motor vehicle traffic accidents account for 37,595 deaths (11.5 per 100,000), while falls cause 39,443 deaths (12.0 per 100,000). Unintentional poisoning represents the highest category at 65,773 deaths (20.0 per 100,000). These numbers highlight the devastating frequency of preventable deaths affecting Colorado families.
Proving Liability and Negligence in Wrongful Death Cases
To prove negligence wrongful death in Aurora, you must establish that the defendant’s actions directly caused your loved one’s death. Colorado law requires demonstrating four critical elements:
- The defendant owed a duty of care
- They breached that duty
- The breach caused the death
- Damages resulted from the loss
Defendant liability Aurora wrongful death claims hinges on comprehensive evidence collection. Your attorney will conduct exhaustive investigations that include:
- Reviewing police reports, medical records, and autopsy findings
- Interviewing eyewitnesses and consulting expert witnesses
- Analyzing accident reconstruction data and surveillance footage
- Examining maintenance records, employment files, or product defect documentation
The challenge in these cases lies in connecting the defendant’s negligence to the fatal outcome, especially when multiple factors contributed to the death. Insurance companies often dispute causation or attempt to shift blame to the victim. Experienced Aurora wrongful death attorneys counter these tactics by building airtight cases through meticulous evidence gathering, expert testimony coordination, and strategic legal arguments that clearly establish the defendant’s responsibility under Colorado Statute § 13-21-202.
Types of Damages Recoverable in Aurora Wrongful Death Claims
When you lose a loved one due to someone else’s negligence, economic damages form the foundation of your claim. These tangible losses include:
- Medical bills incurred before death
- Funeral and burial expenses
- Lost wages your loved one would have earned
- Future earnings they would have provided
- Childcare costs
- Transportation expenses
Aurora Wrongful Death Attorneys meticulously document each expense to ensure you receive full compensation.
Non-economic damages address the intangible losses that devastate families. You can seek compensation for:
- Loss of companionship
- Absence of parenting and guidance
- Pain and suffering your loved one endured
- Mental anguish you experience, including depression and PTSD
- Loss of enjoyment of life
- Consortium
- Emotional impact of scarring or disfigurement your loved one suffered
Punitive damages wrongful death cases may warrant additional compensation when the defendant’s actions demonstrate extreme negligence, reckless behavior, or violent conduct. Colorado courts award these damages to punish egregious wrongdoing and deter similar behavior. Your attorney evaluates whether your case qualifies for this enhanced compensation based on the circumstances surrounding your loved one’s death.
Negotiating Settlements and Avoiding Low-Ball Offers from Insurance Companies
Insurance companies have a calculated strategy when dealing with wrongful death settlement offers. They make early, significantly reduced offers hoping that grieving families will accept quick payouts before fully understanding the value of their claim. These low-ball offers from insurance companies aim to minimize their financial liability while you’re emotionally vulnerable and financially stressed from unexpected funeral costs.
You need to understand that accepting the first offer almost always means leaving substantial compensation on the table. Insurance adjusters rely on your lack of knowledge about Colorado wrongful death law and the true extent of your damages. They may pressure you with artificial deadlines or suggest that their offer is “final” when it rarely is.
Experienced Aurora wrongful death attorneys use aggressive negotiation strategies to counter these tactics:
- Conducting comprehensive damage assessments that consider all economic and non-economic losses
- Presenting detailed evidence packages that strengthen your claim’s value
- Using their knowledge of similar case outcomes to demand appropriate compensation
- Refusing to settle until the offer reflects the true impact of your loss
You can protect your family’s financial future by consulting qualified legal counsel before responding to any settlement proposal.
Contact a Wrongful Death Attorney in Aurora, CO
In the heartbreaking scenario that a family member has died due to someone else’s fault, you are welcome to contact our Aurora wrongful death attorneys as soon as possible.
With a combination of a proven track record, impressive financial resources, esteemed legal reputation and a compassionate approach, we believe there is no better team than Denver Personal Injury Lawyers®.
