Boulder Wrongful Death Lawyer

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 Boulder Wrongful Death attorneys are committed to supporting families and letting them know that their wrongful death case is in good hands. 

What Is Wrongful Death? 

Colorado state 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. 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 cause 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. 

Who Can Be Held Liable for Wrongful 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. 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 maintaining their premises reasonably safe and displaying 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. 

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

Colorado law dictates who can file a wrongful death claim and when they are able to file that claim. The first year after the person’s death, Colorado allows the surviving spouse and 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
• Joins the deceased’s children to file the claim

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

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.

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

Wrongful death cases aren’t easy, not just because of the emotional toll they take on the surviving family members, but because the process itself can be challenging. 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. Our Boulder wrongful death attorneys 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. 

At Mintz Law Firm, 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 online contact form so we can provide you with more information on how we can help you.