Aurora, CO Wrongful Death Lawyer

At Mintz Law Firm, our Aurora wrongful death lawyers have helped hundreds of our clients secure fair settlements and verdicts to help them financially recover after the loss of their loved one. We know that no amount of money can ever make up for your loss, but you shouldn’t be burdened with the medical, funeral, or other expenses associated with your loved one’s death. At Mintz Law Firm, we help our clients secure the financial compensation they’re owed so they have one less thing to worry about as they cope with their loss.

Understanding Wrongful Death Claims

A wrongful death claim is a type of personal injury claim filed on behalf of a deceased person’s family or estate. This civil lawsuit seeks compensation for the damages caused by the defendant’s negligence or intentional actions, which resulted in the victim’s death. Wrongful death claims can arise from various situations, including car accidents, medical malpractice, product liability, workplace accidents, and nursing home abuse.

In Colorado, wrongful death claims are governed by specific statutes that outline who can file a claim, the process for filing, and the types of damages that can be recovered. The statute of limitations for filing a wrongful death claim in Colorado is two years from the date of death. However, if the wrongful death occurred in a hit-and-run motor vehicle accident, the statute of limitations is extended to four years. Understanding these legal nuances is crucial, and consulting with a wrongful death attorney can help ensure that your claim is filed correctly and within the required timeframe.

What Kinds of Accidents Lead to Wrongful Death Cases?

There are various combinations of accidents and injuries, as well as the degrees of intentionality in misbehavior—from negligence and recklessness to outright purposefulness—that ultimately give rise to a personal injury case. In other words, each personal injury case is unique and requires case-by-case attention. Wrongful death cases are no exception.

Below are a few broad categories of accidents that can lead to wrongful death cases.

Motor Vehicle Accidents

Motor vehicle accidents are commonplace occurrences and are some of the most common types of personal injury cases. Passenger vehicle accidents can be catastrophic in their own right, but when motor vehicle accidents involving larger commercial vehicles occur, they can be particularly dangerous and present unique legal challenges. The most obvious source of increased risk for debilitating and even fatal injury is the size differential between large commercial vehicles and smaller vehicles intended for personal use. 

Further, commercial-vehicle accidents involve a variety of legal considerations that do not generally arise in accidents between non-commercial vehicles. In particular, there are typically more sources of liability when commercial vehicles are involved. In an accident involving a loaded 18-wheeler, the following parties may be liable:

• Shipper
• Trucking company
• Loader
• Brokers
• Truck parts or rig manufacturers

In any serious car accident, it’s important to consult with a wrongful death attorney. However, this can be especially true when commercial vehicles are involved. It’s essential to have an experienced Aurora wrongful death attorney at your side that can fight for your right to maximum compensation. Wrongful death lawyers can help navigate the complexities of filing a wrongful death claim, easing the emotional strain while pursuing justice and compensation.

Medical Malpractice

The process of proving negligence in a personal injury case is complicated enough. However, in a medical malpractice claim, it’s necessary to prove a medical professional breached a duty to use reasonable care measured against the prevailing standard of care established in the profession. 

Basically, the standard of care in medical malpractice must be measured against the prevailing standards in the highly technical world of medicine as opposed to what a regular individual would do. The higher standard of care can make medical malpractice cases factually complex.

Workplace Accidents

Workplace accidents are composed of a diverse category of personal injury scenarios. Among the most common kinds of work-related accidents that lead to wrongful death are those that occur on construction sites or in heavy industry. These workplaces are often among the most dangerous and prone to accidents.

Furthermore, accidents that occur on sites like these often implicate multiple sources of liability. For instance, on a construction site, the possible liability parties consist of:

• Site owner
• Construction company
• Contractors and subcontractors
• Suppliers
• Manufacturers of construction equipment. 

Like accidents involving commercial vehicles and medical malpractice, such accidents require the attention of an experienced and skilled wrongful death attorney. Regardless of where the workplace accident occurred, an attorney helps you understand the sources of potential compensation. 

Defective Products

Unlike most personal injury cases, in which liability typically requires demonstrating that negligence occurred, defective product cases instead employ a concept known as “strict” liability. Strict liability means that the at-fault party is liable for the wrongful death that was caused by their defective product regardless of whether they were negligent or reckless. 

To successfully bring a product liability case, the deceased surviving family generally only needs to show that they used a product purchased from a commercial seller and that a defect caused the fatal injury.

Proving the nature of the defect and whether it was the true cause of the victim’s death can become complex quickly, as most products and their parts pass through many hands before being purchased by the consumer. It’s crucial to have a skilled Aurora wrongful death lawyers handle these types of cases as they understand the complexities of product liability law.

Damages and Compensation for Wrongful Death in Colorado

In a wrongful death case, the surviving family members or estate of the deceased can recover various types of damages, including economic and non-economic damages. Economic damages refer to the financial losses incurred by the family, such as medical expenses, funeral expenses, lost wages, and property damage. Non-economic damages, on the other hand, refer to the intangible losses, such as pain and suffering, loss of companionship, and loss of consortium.

In Colorado, the amount of compensation that can be recovered for non-economic losses is capped at $642,180, which increases every two years according to inflation. However, there is no limit on the dollar amount of economic losses that can be claimed. In rare cases where the defendant’s behavior was particularly egregious, punitive damages may also be awarded. These damages are intended to punish the wrongdoer and deter similar conduct in the future. An experienced wrongful death lawyer can help you understand the full scope of damages you may be entitled to and fight for the maximum compensation.

Who Can File a Wrongful Death Suit in Aurora, CO?

In Colorado, wrongful death suits can be filed by close family members seeking compensation for the loss of a relative. Colorado law places very specific limits on who may bring such a suit and when.

In the first year after a death, the decedent’s spouse takes precedence in bringing a wrongful death suit. However, with the spouse’s consent, the suit may also be brought separately by the decedent’s heirs (for instance, their children or grandchildren) or jointly with the spouse. If there is no spouse, the decedent’s heirs or designated beneficiaries may bring a wrongful death suit.

Additionally, the spouse does not take precedence in bringing suit if initiated in the second year after a death. At that point, a spouse, heirs, or designated beneficiaries may bring suit. Furthermore, if the decedent was unmarried and had no heirs or beneficiaries, the decedent’s parents may bring a wrongful death suit.

Colorado Wrongful Death Statute of Limitations

The statute of limitations for filing a wrongful death claim in Colorado is two years from the date of death. This means that the surviving family members or estate of the deceased must file a lawsuit within two years of the death, or they will be barred from pursuing a claim. However, if the wrongful death occurred in a hit-and-run motor vehicle accident, the statute of limitations is extended to four years.

It is essential to note that the statute of limitations can be tolled or extended in certain circumstances, such as when the defendant is a minor or when the plaintiff is a minor. Given these complexities, it is crucial to consult with an experienced wrongful death attorney to determine the applicable statute of limitations and to ensure that the claim is filed within the required timeframe. An Aurora wrongful death lawyer can provide the guidance and support needed to navigate these legal deadlines and help you seek justice for your loved one.

Contact an Experienced Aurora, Colorado Wrongful Death Lawyer at Mintz Law Firm 

At Mintz Law Firm, we know that the loss of a loved one impacts every aspect of your life. Our attorneys are proud to be able to help surviving loved ones hold liable parties responsible for their negligent or reckless actions. We take on these cases and help our clients through some of the most challenging moments of their lives. 

Our priority is always our clients’ needs and best interests, regardless of who is liable for damages. Contact our firm today to schedule a consultation through our online contact form or by calling (303) 462-2999.