Arvada Wrongful Death Lawyer

The Arvada wrongful death lawyers at Mintz Law Firm can help families navigate the wrongful death claim process to ensure they have the space to cope with and mourn their loss. Our firm takes on as much of the strain and process as possible to ensure our clients can focus on what matters most. We are here to help people who lost their loved ones at the hands of someone else’s negligence pursue the best possible results for their claims.

How to Determine If You Have a Wrongful Death Claim

Pursuing a wrongful death claim against the responsible party is a separate proceeding from a criminal case. Wrongful death claims proceed through the civil court system. The outcome of a wrongful death criminal case doesn’t necessarily have any bearing on the result of a civil wrongful death claim. The process for each type of case is different. A wrongful death attorney can help families determine whether or not they can proceed with a wrongful death claim.

Eligibility of Wrongful Death Claim

In the midst of a loss, it can be challenging to keep track of and examine important details. Unfortunately, wrongful death claims, like any personal injury claims, are often determined by the minor details. For instance, during the first year after the incident that led to a loved one’s death, only a surviving spouse can file a claim. Subsequent years allow other family members to file suits. An Arvada wrongful death attorney can ensure that ineligible individuals don’t waste their time and resources pursuing a claim that has little chance of success. 

Negligence or Deliberate Wrongful Act

Once an Arvada wrongful death attorney confirms that the wrongful death claim is valid, they must determine the negligent or deliberate wrongful conduct that leads to the victim’s death. An Arvada wrongful death lawyer must determine whether the defendant meant to cause harm or acted recklessly. 

Who Can File a Wrongful Death Claim?

When a family member dies because of another person’s negligence, the surviving family members may take action against that person by filing a wrongful death claim as long as the following apply:

• The surviving spouse files a claim within the first year of the death
• Under certain circumstances, the surviving spouse, child, or beneficiary brings a claim within the second year of the death. If none of the individuals mentioned exists, the surviving parents can file a claim within two years of the death. 
• All claims must be filed within two years of the death, or the family loses the right to file a wrongful death claim. 

Wrongful death claims can arise from multiple accidents and incidents, including motor vehicle accidents, defective or unsafe products, dog bites, medical malpractice, or any other careless, reckless, or malicious conduct. 

What’s the Difference Between a Wrongful Death and a Survival Action Claim?

In Colorado, there’s a distinction between wrongful death and survival action claims. Both claims can be filed concurrently. 

Wrongful death claims allow surviving family members to recover compensation for the loss they endured due to the death. A survival action claim is filed to seek compensation for any pain and suffering the deceased endured prior to their death. Survival actions operate similarly to a personal injury claim. The damages available include any costs associated with the deceased's final treatments related to the injury that caused their death, along with many other damages offered in personal injury claims. 

What Damages Are Recoverable in a Wrongful Death Claim?

In Colorado, the damages that are awardable in personal injury, including wrongful death claims, are divided into three separate claims. 

• Economic Damages: These types of damages cover losses that include all medical expenses related to the deceased’s injury. Additionally, any loss of income is also covered under economic damages. Any costs to repair or replace property are also covered in economic damages.
• Non-Economic Damages: These damages address the personal losses associated with the death. They often include damages that are challenging to calculate because it’s not easy to give them a number value, such as pain and suffering, emotional distress, and loss of companionship. 
• Punitive Damages: These damages are intended to punish the party responsible for the accident for malice. They are only paid when it is established that the injury and the accident or incident involved an act of malice or willful and wanton conduct or unfairly determined. 

Colorado sets caps on damages awards in wrongful death cases, which limits the amount of compensation a person can receive. Working with an Arvada wrongful death lawyer can help you figure out how much in damages you are able to receive. 

Work With Our Experienced Wrongful Death Lawyers in Arvada, CO at Mintz Law Firm 

Working with a capable and knowledgeable wrongful death attorney in Arvada, CO can significantly improve your chances of recovering fair compensation and having some peace of mind during such a challenging time. At Mintz Law Firm, our wrongful death attorneys are proud to be able to fight for our clients and their families. We take great pride in being there for our clients when they need it most and helping them secure the monetary awards they deserve to aid them in the aftermath of such a tragedy. Schedule a consultation today by completing our online contact form or by calling (303) 462-2999.