Boulder Wrongful Death Lawyer
At Daniels & Scriven, P.C., we know that there is nothing anyone can do to bring your loved one back. Losing a loved one unexpectedly is a devastating tragedy – especially when someone else’s carelessness caused it. If you have recently lost a loved one, we know that you are dealing with a lot. The last thing you need on your plate is a complicated legal case. This is why we provide our compassionate legal services to you at no upfront cost. We can handle the legal complexities of your case while you focus on your family.
Contact a Boulder personal injury lawyer today to receive the compensation you deserve.
Why Choose Daniels & Scriven, P.C.?
Here’s why Daniels & Scriven, P.C. is the right choice:
- Extensive Experience: With 50 years of combined legal expertise, we have the knowledge to pursue all legal avenues to secure fair compensation for you.
- Client-Focused Care: We prioritize your well-being, meeting you at convenient locations and connecting you with healthcare providers while handling the stress of dealing with insurers.
- Comprehensive Service: From start to finish, we manage all aspects of your claim, including helping with disability benefits if needed.
- Respected Reputation: Our decades in the legal community have earned us a strong reputation, backed by positive client reviews.
- Proven Results: We’ve recovered millions of dollars for our clients in personal injury cases.
Contact us today for a free consultation.
How Can a Boulder Wrongful Death Lawyer Help Me?
Wrongful death cases can be complicated, which is worsened when high emotions are involved. You reasonably want to find out who is responsible for your loved one’s death and hold them accountable. However, this process can be complex and involve intricate legal issues.
An experienced wrongful death lawyer from Daniels & Scriven, P.C. knows which legal theories may apply and how to pursue justice on your behalf. Our attorneys bring together a wealth of knowledge and over 50 years of combined legal experience. Most importantly, our lawyers treat every client with compassion and grace. You can count on us to be with you through every stage of the process, gently guiding you and addressing any concerns you have.
When you hire our law firm, we can give your loved one a voice in the legal system and help your family through the complicated judicial system. We can also help by:
- Sitting down to discuss the circumstances surrounding your loved one’s death during a free and confidential consultation
- Identifying all the parties responsible for the tragic events
- Answering any questions you have about the legal process of filing a wrongful death claim
- Serving as your advocate at every stage of your case
- Handling conversations with insurance companies and other parties
- Compiling medical records, medical bills, income loss, funeral invoices, and other expenses related to your losses
- Fighting aggressively for maximum compensation
While no amount of money can ever bring your loved one back, you should not have to shoulder a financial burden due to someone else’s negligent or reckless conduct. Our firm has obtained millions of dollars on our client’s behalf and is willing to fight for your family to receive the accountability they deserve.
What Is a Wrongful Death?
Colorado law defines a wrongful death as a death that occurs because of the neglect, wrongful act, or default of another person that would have allowed the victim to file a personal injury claim against the defendant had they survived the incident. To prove wrongful death, you must be able to establish the following legal elements:
- Duty of care – A duty of care is the legal obligation to act in a certain way to avoid causing injury or death to another. For example, property owners have a duty to maintain safe premises so visitors are not injured. Motorists have a legal duty to follow traffic laws.
- Breach of duty – A breach is a violation of the legal duty of care, such as failing to maintain the property or follow traffic laws.
- Causation – You must be able to show the defendant’s breach of duty caused your loved one’s death.
- Damages – You must also show you suffered damages as a result of the events.
An experienced wrongful death attorney from our law firm can review your case and determine whether you have legal grounds to file a wrongful death claim.
Common Causes of Wrongful Death
Any act of negligence can potentially result in harm to another person or their death. Common causes of wrongful death include:
- Bicycle accidents – Motorists who run over bicyclists may cause their deaths.
- Car accidents – A Boulder car accident lawyer can help you get the justice you and your family deserves.
- Motorcycle accidents – Motorcyclists have minimal protection when struck by a larger and more powerful vehicle.
- Pedestrian accidents – Pedestrians can be run over in traffic accidents, often suffering fatal injuries as a result.
- Slips and falls – Individuals may fall due to dangerous property conditions, sometimes resulting in fatality.
- Truck accidents – Commercial trucks weigh up to 80,000 pounds. They can cause devastating damage when they collide with much smaller passenger vehicles. Call a truck accident attorney in Boulder to help you get the best possible settlement claim.
- Workplace accidents – If your loved one died in an on-the-job injury, survivor benefits may be available. You may also be able to file a third-party claim if someone other than your loved one’s employer contributed to the accident.
Who Is Responsible for My Loved One’s Wrongful Death?
The parties legally responsible for your loved one’s death will depend on the circumstances. Possible parties may include:
- Negligent motorists
- Trucking companies
- Employers of employees who acted negligently
- Property owners
- Government entities
- General contractors
- Independent contractors
- Product manufacturers
An experienced wrongful death lawyer can review your case to determine who is responsible for your loved one’s death.
What Is the Value of a Wrongful Death Case?
At Daniels & Scriven, P.C., we know that no amount of money can ever bring your loved one back. Unfortunately, there is no real way for a court to make things right, so it is left with the difficult task of assigning a monetary value to the losses you and your family suffered due to your loved one’s passing.
Wrongful death cases are often filed alongside survival actions, which the personal representative brings to seek compensation for the losses the victim suffered immediately after the accident and before death. Through these types of legal claims, the following types of economic damages can be awarded:
- Medical bills
- Funeral expenses
- Burial costs
- Lost wages
- Loss of financial support
- Loss of services
For wrongful death claims, Colorado law also allows certain family members to recover compensation for the following non-economic damages:
- Pain and suffering
- Emotional stress
- Grief
- Loss of companionship
- Loss of consortium
The value of a wrongful death case can vary significantly from one case to the next. An experienced Boulder wrongful death lawyer can review your circumstances and evaluate your claim.
Who Can File a Wrongful Death Case in Colorado?
Colorado has specific rules and procedures in place for wrongful death cases. The surviving spouse is the only person who can file within the first year after the decedent’s death. In the second year, a surviving spouse or adult child may file. If the decedent had no surviving spouse or child, the decedent’s parents may file the claim. Under Colorado law, the decedent’s personal representative can file a survival action.
How Do You File a Wrongful Death Claim in Colorado?
The first step you and your family will need to decide is who will file the claim. As stated above, the surviving spouse has the initial right to file a claim within the first year. The victim’s children or parents also have a right to file the claim after the first year if there is no surviving spouse or the surviving spouse chose not to file. The decedent’s personal representative can file a survival action.
It may be possible to negotiate with the insurance company to secure compensation without having to go to court. However, if the insurance company denies the claim, the process begins by preparing a formal complaint. The complaint sets out the facts surrounding your loved one’s death, why the defendant is legally responsible for it, and the amount of compensation you are demanding. Your lawyer can prepare this document for you, as well as a summons, which explains that the defendant has a limited time to provide a written response to the complaint. Your lawyer can also ensure that the defendant is properly served with the legal paperwork.
If the personal representative is filing a survival action, they will need to open a probate case. They must locate the victim’s will, if any, and submit it to the probate court.
Steps to Take After a Wrongful Death
If you suspect your loved one’s death was wrongful, you can take these steps to begin building your legal claim:
- Report the accident to the party you think was responsible for the death, such as a negligent motorist’s insurance company or the property owner who owned the property where your loved one died.
- Contact a wrongful death lawyer promptly so they can take immediate steps to preserve evidence and document the scene before valuable evidence is lost or destroyed.
- Request an autopsy and keep these records for your claim.
- Request certified copies of your loved one’s death certificate.
- Keep all documentation of financial losses you sustained due to the accident, such as medical and funeral bills.
What Is the Statute of Limitations to File a Wrongful Death Lawsuit?
Colorado’s statute of limitations establishes a time limit by which you must file a wrongful death lawsuit, which is two years from the date of your loved one’s death. If you miss this deadline, you can forfeit your right to seek compensation and accountability through the courts.
Contact Our Compassionate Wrongful Death Attorneys Today
While a wrongful death case can never bring your loved one back, it can provide you with a sense of justice and a pathway to ease the financial burden caused by someone else’s negligence. The law firm of Daniels & Scriven, P.C. can protect your interests throughout the process. Call us at (720) 863-6006 to set up a confidential case review.