Boulder Wrongful Death Lawyer

Losing a loved one is never easy, but it can be especially difficult when it is the result of the negligent actions of another party. While a criminal case helps families find justice, those cases are not designed to help families cope with the financial losses they suffered due to the death of their loved one. Wrongful death cases aim to help families cope with their loved one’s death by compensating them with a monetary award that addresses the financial burdens resulting from the death.  

In addition to the confusion and emotional turmoil of losing someone suddenly, pursuing a wrongful death claim is stressful for anyone to undertake alone. At Mintz Law Firm, our Boulder wrongful death attorneys help families through the process by taking on their cases. Our attorneys are committed to supporting families and letting them know that their wrongful death case is in good hands. To begin the process of filing a wrongful death claim to achieve the justice your family member is owed, contact our Boulder law firm today.

What is Wrongful Death?

The state of Colorado defines wrongful death as a death caused by the wrongful, neglectful, or even malicious action of another person or entity. A wrongful death claim can be filed against another person or entity in situations where the person could have filed a personal injury claim had they survived the incident. Wrongful death claims are a type of personal injury claim in which the injured person can no longer pursue their own case in court. Instead, another party must step forward to file a wrongful death claim on behalf of the deceased person. 

A significant difference between a criminal case of homicide and a wrongful death case is that in a criminal court, the accused must be proven beyond a reasonable doubt. However, in a civil wrongful death case, the defendant’s liability must be shown only “by a preponderance of the evidence.” Essentially, this means it’s more likely than not that the defendant’s actions caused the death.

As with any other personal injury case, the at-fault party’s liability is expressed solely in terms of the damages that the court orders them to pay the deceased person’s surviving family. To ensure you have a full understanding of wrongful death laws in Colorado as they relate to your family member’s case, contact one of our knowledgeable Boulder wrongful death lawyers at Mintz Law Firm as soon as possible.  

Who Can Be Held Liable For Wrong Death?

In Colorado, there are several parties that can be held liable for wrongful death. The type of accident or the circumstances which led to the death determines who the liable party is. To ensure that the proper parties are held liable in your loved one’s wrongful death claim, one of our knowledgeable wrongful death lawyers will launch a full investigation into the details of what occurred and collect any and all relevant evidence. 

It is important that you have the help of one of our experienced wrongful death lawyers when identifying who may be liable in a wrongful death claim, as the liable party may vary greatly depending on the circumstances of your loved one’s passing. Some of the most common liable parties for wrongful death cases include:

Drivers

Car accidents are incredibly common, and unfortunately, so are instances in which they result in fatalities. Drivers are liable for damages when they fail to follow traffic regulations or exercise the care that a reasonable person would under similar circumstances are deemed negligent. Negligent behavior may include driving while intoxicated, speeding, and distracted driving. 

Medical Providers

Most people think of healthcare professionals and assume they go above and beyond to help their patients get better or, at the very least, not cause harm to their patients. Unfortunately, medical negligence is more common than people think. When medical providers fail to exercise the level of care and attention required of them, it can have dire consequences. 

Defective Product Manufacturers

Manufacturers are legally responsible for ensuring, to the best of their ability, that the products they produce and distribute are safe. When someone is killed as a result of a defective product, the manufacturer of the product can be held liable. A defective procedure can occur in many situations, from doctors using medical tools to individuals driving a vehicle with defective brakes. 

Property Owners

Property owners, public and private, are responsible for keeping their premises reasonably safe and communicating warnings of potential hazards whenever relevant. When their premises are unsafe or there’s a lack of proper warning of those hazards and a person dies as a result, they can be held liable for failing to uphold their duty of care. 

To ensure you are able to identify the liable party, or parties, in your loved one’s wrongful death case, contact one of our trusted Boulder lawyers specializing in wrongful death today.

How to Prove Liability in Your Boulder Wrongful Death Claim

Once one of our trusted wrongful death lawyers have identified the liable party in your wrongful death claim, the next crucial step in ensuring you can achieve justice for your deceased loved one is to actually prove their liability. To prove liability in a wrongful death claim, your Boulder personal injury lawyer will launch a full investigation into your loved one’s case and collect evidence of the factors of negligence. The four factors of negligence that are necessary to prove liability in a wrongful death claim are as follows:

• The liable party owed your loved one a duty of care
• The duty of care was breached
• The breach of duty led to your loved one’s wrongful death and other harm for you and your family
• You have suffered unimaginable losses as a result

To ensure that the party who is responsible for your loved one’s wrongful death is held accountable, contact our law firm today to begin building your case.

Who Can File a Wrongful Death Claim On Behalf of the Deceased?

After the loss of your family member, legal proceedings are likely the last thing on your mind as you work through your grief with other loved ones. However, in order to achieve the justice that your deceased family member deserves, you must exercise your legal right to file a wrongful death claim.

It’s important to know that just because the decedent was a family member or loved one, it does not always mean that you can file the claim yourself. Colorado law dictates who can file a wrongful death claim and when they are able to file that claim. 

Within the First Year

The first year after the person’s death, Colorado allows only the surviving spouse to file a wrongful death claim with the following exceptions: 

• The surviving spouse may elect in writing to allow the deceased’s children to file the claim
• The surviving spouse joins the deceased’s children in filing their claim

If the deceased person was unmarried, the deceased’s children or designated beneficiary may file the wrongful death claim. 

Within the Second Year

In the second year following the person’s death, the following people may file a wrongful death claim:

• Surviving spouse
• Surviving children
• Surviving spouse and children
• Eligible designated beneficiary and the surviving children

If the deceased’s children file a wrongful death case, the surviving spouse and designated beneficiary have a limited window to join the lawsuit. If the deceased was unmarried and had no children or designated beneficiary, the deceased’s parents may file the wrongful death claim. To ensure that the correct parties are following the wrongful death claim, consult one of our trusted wrongful death specialist lawyers today.

Work With Mintz Law Firm to Secure Fair Compensation For Your Wrongful Death Claim

Wrongful death cases are not easy, not just because of the emotional toll they take on the surviving family members, but because the process itself can be challenging. Following a wrongful death in your family, your main priority should be to manage your grief the best you can. At Mintz Law Firm, our Bolder wrongful death attorneys are dedicated to making the process as smooth as possible for our clients so they can get through it and focus on moving forward. 

We know that no amount of money can make up for the losses that our clients have suffered, but we work hard to ensure that they have the financial means necessary to address the expenses incurred by their loved one’s death. Our Boulder wrongful death lawyers will work hard to ensure the best possible resolution for your family. Schedule a consultation today by calling (303) 462-2999 or complete our contact form so we can provide you with more information on how we can help you.