Losing somebody that you care about is incredibly challenging, and families in these situations will undoubtedly be going through the emotional processes of grieving and adjusting to new circumstances. This is particularly true for those who lose a loved one unexpectedly due to the careless or negligent actions of another individual, business, or entity. At The O’Sullivan Law Firm, we are here to help if you need a Denver wrongful death attorney by your side. Our team will fully investigate the circumstances surrounding your loved one’s death in an effort to determine liability and help you secure the compensation and closure you are entitled to.
Why Choose The O’Sullivan Law Firm for Help?
At The O’Sullivan Law Firm, we are a full-service law firm. This means that we handle every aspect of your case, including investigating the incident, determining liability, negotiating with other parties, and going to trial, if necessary.
We have a success rate of 99 percent for our cases, and we have successfully concluded more than 2,000 cases since 2008.
We take wrongful death cases on a contingency fee basis, which means that our clients will not have to worry about legal fees until after we obtain the compensation they are entitled to.
How Will a Wrongful Death Attorney Help Your Claim?
Wrongful death claims in Denver can become incredibly challenging, particularly for family members who do not have much legal expertise or resources. An attorney will level the playing field and be the powerhouse behind grieving family members as they stand up to the individual(s) who caused their loved one’s death. An attorney can use their resources to:
Conduct a complete investigation into the incident and uncover any evidence needed to prove liability.
Consult with trusted economic and financial experts who can properly calculate the family’s total expected losses.
Handle negotiations with other parties involved, including aggressive insurance carriers, in an effort to secure full compensation for family members.
How Do Wrongful Death Claims in Denver Arise?
When we look at the law regarding wrongful death cases in Colorado, we can see that wrongful death is defined as a death caused by “a wrongful act, negligent, or default of another” individual or entity.
There are various ways that these claims can arise. At The O’Sullivan Law Firm, our personal injury lawyers regularly help family members of those who have lost a loved one due to the following:
Our team is standing by to help family members in these situations. If you are unsure of whether or not we will be able to help you with your case, please contact one of our attorneys for a free consultation as soon as possible. We will examine the facts of the claim and help determine the best steps moving forward.
Types of Benefits for a Denver Wrongful Death Claim
Family members may be entitled to various types of compensation after losing a loved one due to the negligence, or reckless actions, of another party. In general, we will break the damages awarded down into two categories: economic and non-economic.
Economic damages are those paid to the deceased’s surviving family members and their estate to cover the financial losses associated with the death. Some of the most common types of economic damages awarded in these situations include the following:
Funeral and burial expenses
Benefits lost as a result of the death, including life insurance
Wages and benefits that the deceased would have likely earned if they had lived
Medical bills the deceased incurred before death
Non-economic damages can be more challenging to quantify because they deal with the intangible losses suffered by the deceased’s family as a result of the death. Some of the most common non-economic damages awarded in these situations include compensation for:
Pain and suffering
Loss of companionship, care, comfort, and guidance of the deceased
Loss of consortium for a spouse
Who Can File a Wrongful Death Claim in Colorado?
Colorado law determines who is able to file a wrongful death claim. The law also has stipulations about who can file based on how soon after the death has occurred.
In the first year following a person’s death, only the deceased’s surviving spouse is allowed to file a wrongful death lawsuit. However, there are some exceptions to this. The surviving spouse may choose to allow the deceased’s children to file the claim or join with the deceased’s children in filing the claim. If the deceased was unmarried at the time of their death, then the deceased’s children or designated beneficiary will be allowed to file a wrongful death lawsuit.
In the second year following the deceased’s death, any of the following parties are allowed to file a wrongful death lawsuit:
The spouse of the deceased
Surviving children of the deceased
The spouse and the deceased’s children
Any eligible designated beneficiary of the deceased and the deceased’s children
Time Limit to File a Wrongful Death Claim
Families in Colorado need to be aware they have a limited amount of time to file these claims in court. The Colorado wrongful death statute of limitations is two years from the date of the deceased’s death. If family members fail to file their claim within this two-year window, they will lose the ability to recover the compensation they are entitled to.
However, there are some exceptions to this two-year rule. If a person loses their life in a vehicle accident, the wrongful death statute of limitations is extended to three years from the date of the accident or the discovery of the injury from the vehicle accident that caused the death. Additionally, if the defendant in the case attempts to hide any facts or evidence so that the cause of the death cannot be discovered, this two-year statute of limitations may also be extended.
Call a Denver Wrongful Death Lawyer Today
If you have lost a loved one due to the careless or negligent actions of somebody else, please seek legal assistance as soon as possible. At The O’Sullivan Law Firm, our team has extensive experience handling complex wrongful death cases throughout Colorado, and we understand what it takes to help grieving families secure the closure and compensation they need. We will not hesitate to stand up to aggressive insurance carriers or at-fault parties in these situations. When you need a Denver wrongful death lawyer, you can contact us online for a free consultation or call us at (303) 388-5304.