Wrongful Death
What is Wrongful Death?
You may have heard the term “wrongful death” and wondered exactly what the term means. In Colorado, wrongful death is defined as any death which is caused by the default, neglect, or wrongful act of a third party. The majority of wrongful death cases today are centered around deaths that result from automobile accident personal injury matters, but these are not the only circumstances where a wrongful death can occur in a personal injury case. If a person’s death is caused by negligence, recklessness, or the intentional behavior of another person or entity, the victim’s surviving relatives may be entitled to file a wrongful death claim with a Denver wrongful death attorney and recover economic damages from the person, insurance company, corporation or organization at fault.
Some examples of qualifying wrongful death accidents include:
- Vehicular accidents
- Motorcycle accidents
- Bicycle accidents
- Trucking accidents
- Pedestrian accidents
- Driving Under the Influence of Drug or Alcohol accidents
- Highway crashes
- Construction Zone accidents
- Delivery company and driver accidents
- Uber driver accidents
- Interstate accidents
- Burning and disfigurement accidents
- Dangerous or defective consumer products
- Incorrect prescription fulfillment
- Nursing home neglect and/or abuse
- Slips and falls
- Substandard medical care
- Workplace accidents
- Drowning and Boating accidents
- Gas explosions accidents
Common Wrongful Death Claims
The Colorado Wrongful Death Act permits only certain family members to submit wrongful death lawsuits; Colorado law outlines who is allowed to sue, what damages can be recovered, who may recover those damages, and when a wrongful death lawsuit must be brought forth in a personal injury matter. Whalen Hersh LLP is here to guide you and your family members through this difficult process as professional Denver wrongful death attorneys and personal injury attorneys. To start, understand the types of actions that a wrongful death claim can be based on legally.
Negligence: Every person has a legal duty to exercise reasonable action to avoid injury to others. If any person should violate that duty and cause harm, the party that was injured or their family can file a personal injury or wrongful death lawsuit based on the theory of negligence. Motor vehicle accidents, motorcycle accidents, bicyclist accidents, trucking accidents, pedestrian accidents, workplace accidents, defective products, and dog attacks that lead to death are all examples of circumstances where you would want to contact a Denver wrongful death attorney or personal injury lawyer to represent you.
Medical Malpractice: If a doctor or other medical professional should injure a patient by failing to abide by accepted professional standards then the injured party has the right to file for a medical malpractice lawsuit. A violation of “standard care” can occur in various ways: misdiagnosing a patient, failure to diagnose, delayed diagnosis, prescription of the wrong medication or wrong dosage of a medication, or committing a surgical error. Should the occurrence of medical malpractice lead to the death of a patient, a wrongful death claim may be brought against the responsible doctor or hospital with the help of a Denver wrongful death attorney.
Intentional Tort: An intentional tort – or personal injury action – occurs when a perpetrator carries out an act with the intention of causing harm to another person. An example of an intentional tort is battery or inflicting harmful or offensive contact upon another person. Intentional torts are usually crimes punishable by jail or prison time, probation, community service, or similar punishments. Just as with negligence and medical malpractice, should an intentional tort be the cause for someone’s death then the family can contact a Denver wrongful death attorney to bring forth a wrongful death lawsuit.
Who Can File a Wrongful Death Claim?
According to the Colorado Wrongful Death Act, only certain individuals are allowed to file a wrongful death claim within a certain period of time for the deceased party with the help of a wrongful death lawyer. An individual can bring forth a wrongful death claim within the first year if they are a spouse or heir (child) with the spouse’s consent, an heir of the deceased in the case of there being no spouse or a designated beneficiary. If a year passes from the instance of wrongful death, then the spouse of the deceased, heirs or designated beneficiary may bring forth a wrongful death claim. If the person who died has no spouse or heirs, then the parents of the deceased are permitted to file a claim for wrongful death within a two-year period. In Colorado, there is a statute of limitations for filing a wrongful death claim to be filed within two years.
In Colorado, if a family is pursuing a personal injury or wrongful death civil action for monetary damages, the state prosecutor can bring a separate criminal case against the defendant if the circumstances are criminal in nature. Plaintiff attorneys, like our Denver wrongful death attorneys, can seek punitive damages in the civil case along with other monetary damages based on that conduct. The wrongful death lawyers at Whalen Hersh are here to protect you and your family.
When a Family Member Dies in a Personal Injury Case
In Colorado, an individual can file a wrongful death suit against any person or entity if they are suspected of fault or negligence that resulted in someone’s death. If the victim is a family member, the family has certain rights relative to their wrongful death. An experienced Denver wrongful death attorney can help inform and guide you through those rights. When a family member is lost due to wrongful death, the results can be heartbreaking, catastrophic and permanent. Their support and companionship are lost, but if they financially provided for the family on their own then the loss of financial support can also be devastating for those left behind.
In addition to their loss, there may have been personal injuries sustained prior to their wrongful death, such as conscious pain and suffering, and medical expenses. Experienced Denver wrongful death attorneys like Reeves D. Whalen or Graham D. Hersh understand the intricacies involved in recovering damages for both personal injury and wrongful death. The team at Whalen Hersh is well-versed in personal injury claims involving wrongful death and will stand ready to handle a wrongful death lawsuit on your behalf. Our wrongful death lawyers represent clients against insurance companies, corporations, and companies in personal injury matters, including wrongful death.
To successfully bring a wrongful death cause of action, the plaintiff (the person bringing the suit) has at least three items they must typically show:
- The death of a human being of whom they are allowed to file a wrongful death claim falls under the law of the Colorado Wrongful Death Act
- The determination that the death was caused by another person’s negligence
- Monetary injury, including and sometimes just limited to non-economic damages from the loss of a loved one, is suffered by the surviving family members as a result of the individual’s death
What Should You Look for in a Denver Wrongful Death Attorney?
Various damages can be recovered by a Denver wrongful death attorney, including economic damages (e.g., loss of the deceased person’s income, funeral expenses, lost services, and medical bills, etc.), as well as non-economic losses (e.g., emotional distress, sorrow, loss of consortium, grief, etc.). There are many scenarios that can be attributed to wrongful death; if you do not see your exact situation listed here, you may still qualify to bring a claim on the behalf of a loved one who died in an incident involving someone else’s negligence. It is therefore recommended to discuss potential steps with an experienced wrongful death lawyer before taking action or losing the opportunity to take action in your case.
Emotional distress, loss of companionship, and financial hardship are some examples of losses caused by the death of a loved one, and when that death might have been prevented had the negligence not been involved, the pain is magnified and compensable. If your life has been affected by the wrongful death of a spouse, parent, child, or loved one in Denver, you need experienced, trustworthy legal advice from a knowledgeable Denver wrongful death attorney. Whalen Hersh LLP is a Colorado personal injury law firm with a team of skilled and successful Denver wrongful death attorneys who are recognized leaders in Personal Injury Law. At Whalen Hersh LLP, we understand what you must endure when you’ve suffered from the wrongful death of a loved one, and we are available to help you.
Case Results
Why Whalen Hersh?
Our experienced Denver personal injury firm represents clients exclusively against insurance companies and corporations in personal injury matters, including wrongful death. We fearlessly take on these large insurance companies and corporations on behalf of you, our client, and we have an impressive history of winning large judgments, verdicts and settlements in these cases. Our Denver wrongful death attorneys are accomplished personal injury and wrongful death trial lawyers. The wrongful death lawyers at our firm have represented hundreds of clients and have obtained millions of dollars in settlements. Whalen Hersh LLP offers a different approach to personal injury representation; we establish direct, meaningful, trusted and reliable relationships with our clients, and work closely with you to ensure that you get the medical treatment you need, the support you deserve, and the representation your families rely upon.
Contact Us
Losing a loved one due to someone else’s negligent or intentionally harmful conduct is a terrible tragedy. These situations bring with them emotional distress, lost companionship, medical bills, funeral expenses, and even the loss of the deceased’s income-earning abilities that are relied upon to support your family. Don’t put yourself through the struggle and the feeling of being on your own when a loved one’s death is the result of someone else’s negligence, hire a wrongful death attorney at Whalen Hersh LLP. When you need honest and objective advice from an experienced Denver wrongful death attorney, Whalen Hersh can help you explore your legal options. When you need an experienced, compassionate, and qualified Denver wrongful death attorney with a proven track record of success who will fight for your best interests in the courtroom, contact Whalen Hersh LLP. You can reach us in Denver at (720) 307-2666 to learn more.
