Wrongful Death Attorneys Serving Denver, the Front Range, and All of Colorado
A Denver wrongful death lawyer at Burg Simpson Law Firm can provide the support and legal guidance you need if your loved one died as a result of another party’s negligence. Though no amount of money can make up for the enormity of your loss, fair compensation can help you and your family recover from the untimely passing of your loved one.
Burg Simpson Law Firm is distinguished by more than 45 years of experience pursuing justice for injured people. In addition to personal injury matters, we represent families in wrongful death claims. With local clout and national strength, we are fully capable of navigating the challenges of your case to obtain the outcome you deserve.
For a FREE and confidential case review, call Burg Simpson Law Firm at 303-792-5595 today. Our wrongful death lawyers serve clients in Denver, Colorado Springs, Boulder, Fort Collins, and other Colorado communities.
How Much Is a Wrongful Death Lawsuit Worth in Colorado?
Many different factors determine the value of a wrongful death claim. No two cases are precisely alike, making it crucial to consult a Denver wrongful death lawyer as soon as possible.
A wrongful death attorney will consider a number of factors in calculating how much your case may be worth. These include:
- What caused your loved one’s death
- The cost of funeral services and the disposition of the body (e.g., burial, cremation, etc.)
- What (if any) medical care was provided prior to death
- Income, benefits, and other financial support you and your loved ones have lost
- The emotional impact on you and your family
When you speak to a wrongful death attorney in Denver, it is very important to discuss all of the ways the untimely passing has affected your life. Our team recognizes that this is difficult, but the goal of your initial consultation is twofold.
First, we want to gain a complete understanding of your claim. This will enable us to advise and represent you effectively.
Second, the case review is your opportunity to interact with the people at our firm. These interactions can help you decide if Burg Simpson is right for you.
Why Choose Burg Simpson?
If you move forward with our firm, we will fully review your legal options. This may involve filing a lawsuit or negotiating a settlement. No matter the circumstances, we will not hesitate to take your case to trial if that is the best option for maximizing your compensation.
What Are the Damages for Wrongful Death in Colorado?
Losing a loved one creates many burdens for surviving family members. A wrongful death attorney in Denver can determine what compensation is available for the losses you and your loved ones have sustained.
Damages for wrongful death can be divided into three separate categories:
Economic Damages
Economic damages are the financial losses you have sustained as a result of wrongful death. They may include:
- Funeral expenses
- The cost of a burial, cremation, etc.
- Loss of income and other financial support
Any medical expenses incurred prior to death may be recovered by the estate of the deceased. The personal representative of the deceased must bring a survival action for medical expenses, as well as lost earnings and other economic damages the decedent would have been entitled to had they lived.
Non-Economic Damages
Non-economic damages are losses with no specific monetary value, but nonetheless have an adverse effect on the plaintiff(s). The non-economic damages that may be recoverable in a wrongful death claim include:
- Loss of companionship and consortium
- Emotional anguish
- Pain and suffering
- Grief
- Inconvenience
Compensation for any conscious pain and suffering experienced by the decedent prior to death may be recovered through a survival action.
Punitive Damages
Economic and non-economic damages constitute the actual losses suffered by survivors as a result of wrongful death. The final category of damages, punitive or exemplary damages, serves a different purpose.
Punitive damages are awarded as additional compensation to (a) punish the defendant, and (b) serve as a deterrent for “fraud, malice, or willful and wanton conduct” (see Colorado Revised Statutes § 13-21-102). An award of exemplary damages may not exceed the actual damages awarded by the court.
A Denver wrongful death lawyer can evaluate your case and determine the full extent of damages you may be due. Exemplary damages are only recoverable in limited circumstances, and the only way to obtain them is by going to trial.
Is There a Cap on Wrongful Death in Colorado?
Yes, wrongful death damages in Colorado are subject to a cap. Non-economic damages in a wrongful death case are generally capped at $250,000, although the court may award additional compensation for non-economic loss if it “finds justification by clear and convincing evidence” to do so (see Colo. Rev. Stat. § 13-21-102.5). Limitations on non-economic damages are adjusted for inflation every two years.
Separate caps are placed on damages for wrongful death due to medical malpractice. Economic damages are generally capped at $1 million. For claims arising on or after July 1, 2023, compensation for non-economic loss is capped at $300,000 (see Colo. Rev. Stat. § 13-64-302).
How Are Wrongful Death Settlements Calculated?
Multiple details need to be considered when calculating a wrongful death settlement. The process is often complex, requiring detailed knowledge not only of applicable statutes but the characteristics of the deceased.
Key considerations in these cases include:
- The decedent’s age at the time of death
- Marital status of the deceased
- Whether the deceased had any children
- The decedent’s income and earning capacity (i.e., what they may have earned in the future, given their professional and education background)
- Health and life expectancy of the deceased prior to death
Insurance companies will certainly take these factors (among others) into account when calculating a settlement. As a general rule, insurers will try to avoid the expense and unpredictability of a trial. They tend to prefer quick settlements that minimally affect the bottom line.
You may be tempted to accept the insurance company’s offer to settle. Expenses tend to pile up after an untimely death, and a monetary offer may seem like much-needed relief. Before you accept, however, you should consult a Denver wrongful death lawyer to ensure all potential avenues for recovery are investigated.
Wrongful death attorneys approach settlements much differently than insurance companies. Insurance adjusters are concerned with reducing costs for the company, whereas lawyers want to obtain maximum compensation for their clients. As such, settlement amounts are often disputed.
Attorneys at Burg Simpson have extensive experience negotiating fair settlements for personal injury and wrongful death. We understand how insurance companies operate, and our team goes into every negotiation fully prepared to justify why you deserve more.
Who Can Sue for Wrongful Death in Colorado?
Though the decedent’s passing may touch many lives, only certain individuals are allowed to bring a wrongful death lawsuit. All wrongful death claims must be brought within 2 years (the statute of limitations for wrongful death in Colorado). During that time, the right to sue is divided as follows:
First Year
If the decedent was married, only the spouse may file a lawsuit for wrongful death in the first year following the decedent’s death. The surviving spouse may allow the heir(s) of the deceased (i.e., the child or children) to join their claim or file a separate action.
The heir, heirs, or a designated beneficiary may file a wrongful death lawsuit within the first year if the decedent was unmarried at the time of death.
Second Year
In the second year, both the spouse and the child or children of the deceased can pursue compensation for wrongful death. The claim may be brought jointly, or each of the parties can bring their own claim. A designated beneficiary may also join a wrongful death action brought by the heir(s) of the deceased in the second year.
The parent or parents of the deceased may file a wrongful death claim in the second year if the decedent has no surviving spouse, children, or designated beneficiary.
Legal proceedings can be intimidating. Our wrongful death lawyers assist families with all aspects of the case, ensuring that the lawsuit is filed on time, with the appropriate court, and on behalf of the appropriate plaintiff(s).
What Are the Steps in a Wrongful Death Suit?
To establish the legal basis of the claim, a wrongful death lawsuit must prove the following four elements:
- Duty of care:
You must demonstrate that the defendant had an obligation to avoid causing harm to your loved one (this is known as the “duty of care”). - Negligence:
The evidence needs to show negligence on the part of the defendant (i.e., a failure to uphold the duty of care). - Causation:
A clear, causal link must be shown between the defendant’s negligence and your loved one’s death. - Damages:
The plaintiff(s) in the case—usually one or more surviving family members—must prove that the wrongful death has resulted in damages for which they are entitled to compensation.
Proving the case on your own presents a considerable challenge. The wrongful death attorneys at Burg Simpson can ensure that each of the elements above are met and prepare a strong case on your behalf. The steps of a wrongful death lawsuit generally include:
1. Consultation with an Attorney
The process typically begins with one or more of the surviving family members consulting with a Denver wrongful death lawyer. Our attorneys will assess the circumstances surrounding the death and determine the viability of your claim.
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2. Investigation
At Burg Simpson, our wrongful death lawyers work with experienced investigators to obtain evidence to support our clients’ claims. This includes medical records, accident reports, witness statements, and more. Ultimately, the investigation should reveal the sequence of events that led to your loved one’s death, as well as who is responsible.
3. Identifying the Defendants
Sometimes determining fault for a fatal accident is relatively straightforward. In other cases, multiple parties may be responsible. Through a comprehensive investigation, a wrongful death attorney will identify all of the liable parties.
4. Filing the Complaint
If it is necessary to file a wrongful death lawsuit, the first step consists of filing a complaint with the appropriate court on behalf of the surviving family members. The complaint should be drafted by a knowledgeable lawyer and outline both the legal basis for the wrongful death claim and the damages being sought.
5. Service of Process
The defendant(s) in the case must be officially notified of the lawsuit. Known as “service of process,” this involves arranging for the legal documents to be delivered to the defendant(s). A wrongful death lawyer can arrange for the service of process on your behalf.
6. Defendant’s Response
Once a defendant is served, they have the opportunity to respond to the complaint. They may admit or deny the allegations, as well as present affirmative defenses.
7. Discovery
The discovery process is a critical part of trial preparation. During discovery, both parties will request and exchange information. This may include written interrogatories, depositions, and requests for documents.
8. Settlement Negotiations and/or Alternative Dispute Resolution
After a lawsuit is filed, the parties may participate in settlement negotiations or alternative dispute resolution (such as mediation or arbitration) to try to resolve the case without going to trial. If an agreement is reached, the case is settled and a trial may be avoided.
9. Trial
If a settlement cannot be reached, the case may proceed to trial. Both parties call witnesses and present their evidence, and a judge or jury determines the outcome.
10. Verdict & Damages
After hearing both sides, the court will render a verdict. If the defendant is found liable, the court will determine the amount of damages to be awarded to the surviving family members.
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This is a relatively simplified overview of the process that is usually involved in a wrongful death lawsuit. A Denver wrongful death lawyer at Burg Simpson can guide you through each step of the case and advocate for your interests at all times.
What Is Crucial When Collecting Evidence for Wrongful Death?
Multiple forms of evidence may be needed to prepare a strong, persuasive wrongful death claim. It is crucial to act quickly following the wrongful death of a loved one, as essential evidence may degrade or be lost if too much time is allowed to pass.
Wrongful death lawyers at Burg Simpson will take immediate action to collect the evidence required to prove your case. This may include:
- Official reports from the police and any other investigating authorities
- Witness testimony
- Photos and video evidence
- Medical records
- The death certificate and autopsy report
- Financial and employment records
- Any bills for medical care, funeral services, and other expenses
Expert testimony is often required to support the arguments and interpret the evidence in a wrongful death case. Burg Simpson works with experts in a host of different fields throughout the country, enabling us to reconstruct accidents, present medical evidence, establish liability, and more.
What Is an Example of a Wrongful Death Tort?
A tort is a legal term that refers to an act of negligence or wrongdoing that causes someone harm. In a tort, the plaintiff (i.e., the injured party) seeks compensation from the defendant via a civil action.
Burg Simpson Law Firm handles an immense range of injury cases, including incidents where the injuries prove fatal. A Denver wrongful death attorney at our firm can help if you lost a loved one to any of the following:
- Motor Vehicle Accidents:
- Accidents on Dangerous Premises:
- Workplace Accidents:
- Defective Products
- Medical Negligence
These are just a few examples of torts that may arise in the event of a wrongful death. If you believe your loved one’s death was caused by negligence on the part of another, you should consult our lawyers for wrongful death as soon as possible.
Contact a Denver Wrongful Death Lawyer Today
Losing someone you love is a tragedy. The grief you and your loved ones feel is often exacerbated by the complications that come with such a loss, from unexpected expenses to major disruption of your family’s life.
At Burg Simpson Law Firm, we are Good Lawyers. Changing Lives.® Each member of our team is committed not only to providing the highest standard of legal service, but giving each client the support and care they deserve. This all-encompassing approach has earned recognition from our clients and our peers in the legal industry.
No family should have to face the consequences of a wrongful death on their own. A Denver wrongful death lawyer can investigate the case, determine your legal options, identify those responsible, and explore all avenues for recovering damages.
Call Burg Simpson Law Firm at 303-792-5595 today for a FREE and confidential case evaluation. Our wrongful death lawyers serve clients in Denver and throughout the Front Range, as well as communities such as Colorado Springs, Boulder, Fort Collins, and other areas of Colorado.
