If you’ve lost someone close to you, no settlement or court verdict will ever fix what’s been taken from you. In this heartbreaking scenario, as Westminster wrongful death attorneys, we believe you deserve compensation for your damages while also seeking justice for your loved one.
We welcome anyone who has lost a loved one due to someone else’s wrongdoing to contact us today for a free consultation. Serving you with a compassionate approach, our experienced Westminster wrongful death attorneys will fight aggressively on your behalf.
What Are Wrongful Death Lawsuits?
Wrongful death lawsuits are civil actions that are designed to help surviving families. Filed against the responsible party, they recover compensation for damages such as funeral expenses, medical bills and suffering.
Our wrongful death attorneys will conduct a thorough investigation, ensuring the responsible parties are held accountable and that your family receives the maximum possible fee.
Wrongful death cases are not criminal cases. They don’t decide if someone should go to jail. Instead, these claims determine if the responsible party should pay damages to the surviving family and how much that should be.
Why Hire a Westminster Wrongful Death Attorney?
Space to Grieve
When we meet families who have lost a loved one, one thing is clear – they need space and time to grieve. Legal paperwork, tiring assessments and uncomfortable details are the last things they want to deal with. Our job is to take care of that on your behalf while fighting aggressively for justice.
Wrongful death cases are usually very complex, with a wide range of laws depending on the cause of death.
Whether dealing with difficult and soulless insurance companies or pursuing criminal charges, our Westminster wrongful death attorneys have the experience and expertise to prove the best opportunity to win the case.
While it’s often straightforward to calculate funeral expenses and medical bills, it’s much harder to put a figure on pain, suffering and the loss of a loved one. Although the value of life is priceless, surviving family members shouldn’t be left without compensation.
Our Westminster wrongful death attorneys will strive to ensure your loss is not undervalued. We don’t bend to bullying insurance companies and opposing lawyers.
If a criminal act has caused a death, we will utilize all our available options to ensure the person responsible is held accountable and is punished for their actions.
Common Accidents in Westminster Wrongful Death Claims:
We have seen wrongful death lawsuits for a myriad of causes, including accidents such as:
- Burn Injuries
- Bus Accidents
- Car Accidents
- Criminal Acts
- Dog Bites and Animal Attacks
- Electric Scoot Accidents
- Fall Accidents
- Motorcycle Accidents
- Pedestrian Accident
- Ski and Snowboard Accidents
- Train Accidents
Can I File a Wrongful Death Lawsuit in Westminster?
In Colorado, there is an order of priority for who can file a Westminster wrongful death claim:
- In the first year following death – only a surviving spouse may file.
- In the second year – the surviving spouse or any surviving children may file.
- If there is no surviving spouse or children – Surviving parents may file.
- The personal representative of the deceased – May file a ‘survival action’ to recover damages in the estate.
Feel free to contact our Westminster wrongful death attorneys to determine what options are available for your family.
Proving Liability in a Westminster Wrongful Death Claim
To prove death is ‘wrongful’ requires us to show that another person or party’s negligence, wrongdoing or intent caused the death.
According to Colorado Statute § 13-21-202, if this can be proven, then the at-fault party shall be liable for the damages related to the death.
To prove someone was negligent, you must provide evidence that:
- The defendant owed a duty to the victim.
- The defendant breached that duty.
- The breach caused the victim’s injury or death.
For example, in previous car accident cases, we have shown that a driver had a duty of care to all other drivers, breached it by not following traffic laws and the victim was killed as a result of this breach.
Proving negligence requires an exhaustive investigation, which our Westminster wrongful death attorneys will carry out on your behalf. Collecting and protecting crucial evidence, we will also utilize specialists to prove the other party was at fault and reveal the true impact this has had on your family.
How to File a Westminster Wrongful Death Claim?
Speak to a Westminster Wrongful Death Attorney
Filing a wrongful death claim is complicated and time-sensitive. The best thing to do is to start the process as soon as possible.
Even if you’re unsure whether you have any chance of making a claim, you should speak to our Westminster wrongful death attorneys to see what’s possible.
Your attorney will then gather evidence and be able to proceed with the necessary legal action on your behalf.
If the case is valid, usual procedures include:
Submit a Notice to the Defendant
Our Westminster wrongful death attorneys will notify the defendant of the coming legal action while gathering crucial evidence and information for your case.
Negotiations to Avoid Court
A defendant will then have a chance to request mediation or negotiation. Negotiating an agreement provides the opportunity to avoid going to court.
Discovery and Pre-Trial
If negotiation is unsuccessful or unwanted, your Westminster wrongful death attorney can begin litigation – starting with filing an official notice with the courts.
The discovery phase allows the two parties to prepare for court by requesting information and evidence from each other and to gather documentation or witnesses.
The pre-trial phase then commences, where the judge is informed about the case, allowing the judge to review if all the required elements are present.
Our wrongful death attorney will prepare extensively for any court case, by gathering crucial evidence such as medical records, witness testimonies, specialist insights and video footage.
At court, your Westminster wrongful death attorney will present all the evidence and arguments to prove your loved one was killed due to the defendant’s breach of duty or criminal act.
Settlements can be discussed at any time during a wrongful death case. Sometimes, even as late as the trial itself.
When a jury makes a decision or the two parties reach a settlement, the surviving family can then receive compensation as determined by the court.
What Damages Could a Surviving Family Win for Wrongful Death?
Wrongful death claims are designed to help surviving families. In Colorado, surviving families are able to recover economic and non-economic damages. The specific value depends on the circumstances.
Our Westminster Wrongful Death attorneys will not take your loss lightly and work to get the maximum possible compensation for your damages.
These damages are for any expenses related to your loved one’s injuries or death. You deserve to be covered for every dollar you’ve paid due to the wrongful death. Including:
- Medical costs
- Funeral and burial costs
- Missed and lost wages
- Future earnings your loved one would have likely earnt
- Financial benefits as a result of the death
- Work wages and future earnings the deceased would have been likely to earn if they had lived
- Financial benefits lost as a result of the death
- Childcare costs
- Transportation costs
- Loss of Enjoyment of Life
- Loss of Consortium
- Loss of Companionship or Parent
- Pain and Suffering
- Mental Anguish
- Scarring / Disfigurement
- Long-Term Disability
- Potential Punitive Damages
- Property Damage
- Wrongful Death
In some cases, surviving families may be able to pursue punitive damages which are additional forms of compensation. Punitive damages are designed to punish the defendant for negligence, extreme wrongdoing, violent behavior and recklessness.
Be Cautious of Early Settlement Offers
Insurance companies and opposing attorneys regularly offer settlements to surviving families early on. These are usually low-ball offers that are considerably lower than what you are likely to deserve.
Insurance companies take advantage of the fact victims are often unaware of the damages they could be compensated for. They may also tell you that your claim is capped at a certain figure.
But in Colorado damages are not capped if a death was caused by a felony such as a manslaughter or murder. Courts may also ignore the caps if there it is obvious the damages vastly exceed capped limits.
It’s always advised to consult our Westminster wrongful death attorneys first. We can determine the true value of your claim and fight aggressively on your behalf.
Wrongful Death Statistics
All Unintentional Injury Deaths
- Number of deaths: 173,040
- Deaths per 100,000 people: 52.7
- Ranked 3rd for U.S. Cause of Deaths
Unintentional Death Falls
- Number of deaths: 39,443
- Deaths per 100,000 people: 12.0
Motor vehicle traffic deaths
- Number of deaths: 37,595
- Deaths per 100,000 people: 11.5
Unintentional Poisoning Deaths
- Number of deaths: 65,773
- Deaths per 100,000 people: 20.0
Contact a Wrongful Death Attorney in Westminster, CO
In the heartbreaking scenario that a family member has died due to someone else’s fault, you are welcome to contact our Westminster 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.