How to Handle Denver Wrongful Death Claims After a Car Crash
Losing a loved one in a devastating car crash is an unimaginable tragedy that no family should ever have to face. If you believe your loved one’s death was caused by someone else’s negligence or recklessness on the roads of Denver, you may be entitled to file a wrongful death claim. While no amount of money can ever replace your loved one, a successful claim can provide a sense of justice and much-needed financial support during this difficult time. Navigating the legal process while grieving is overwhelming, but you don’t have to go through it alone. A compassionate Denver wrongful death lawyer can guide you every step of the way.
Our team of personal injury attorneys is resourceful, experienced, and knowledgeable regarding your rights. To learn more about how we can help you, call Mintz Law Firm today at 303.732.8919.
Understanding Your Legal Rights in Denver Wrongful Death Cases
In Colorado, a wrongful death occurs when a person dies due to the “wrongful act, neglect, or default” of another party. This means if the deceased would have had grounds for a personal injury lawsuit had they survived, certain family members may pursue a wrongful death claim on their behalf. Eligible parties typically include the surviving spouse in the first year and the surviving spouse and children. The deceased person’s parents may file a claim if there is no surviving spouse or children. It’s important to understand that Colorado law limits your time to take legal action. The statute of limitations for most wrongful death lawsuits is two years from the date of death. An experienced Denver wrongful death lawyer can evaluate your case and ensure your claim is filed correctly and on time to protect your rights.
Proving Negligence in a Denver Car Accident Wrongful Death Case
To prevail in a wrongful death case stemming from a car crash, you must prove that the other driver was negligent. Some key principles in proving negligence include:
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The other driver owed your loved one a duty of care to drive reasonably and safely
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The driver breached that duty through their negligent actions (e.g. speeding, drunk driving, etc.)
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The driver’s negligence directly caused the fatal crash and your loved one’s death
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You suffered damages (medical bills, funeral expenses, loss of income, etc.)
Damages Available in Denver Wrongful Death Claims
While no amount of compensation can undo your tragic loss, a wrongful death claim can ease the unexpected financial burdens thrust upon your family. In Colorado, damages in wrongful death actions fall into two categories – economic and non-economic. Economic damages are quantifiable monetary losses like medical bills related to the fatal injury, funeral and burial expenses, loss of the deceased’s future earnings, and loss of benefits like health insurance.
Non-economic damages compensate for intangible losses like the loss of the deceased’s companionship, guidance, and emotional support. Colorado law caps non-economic damages, with the annual limit adjusted for inflation. An experienced Denver wrongful death lawyer can calculate the full extent of your damages to maximize your financial recovery.
Why Hire a Denver Wrongful Death Lawyer?
Wrongful death claims involving fatal car accidents are complex, requiring an in-depth knowledge of Colorado law and the tactics insurance companies use to minimize payouts. Trying to navigate the legal system while grieving can result in costly mistakes that hurt your case.
A Denver wrongful death lawyer can handle all aspects of your claim, allowing you to focus on honoring your loved one’s memory. From conducting an independent investigation into the crash to identifying all potential sources of compensation to negotiating with the insurance company on your behalf, a skilled attorney is your strongest advocate during this trying time.
How Mintz Law Firm Can Help With Your Denver Wrongful Death Claim
At Mintz Law Firm, we understand that losing a family member in a senseless car crash is devastating. Our team of compassionate Denver wrongful death lawyers has extensive experience helping grieving families demand justice. We offer personalized attention and tireless advocacy every step of the way. While most wrongful death cases settle out of court, we have the trial skills to take your case to a jury if the insurance company refuses to make a fair offer. With our no-fee promise, you pay nothing unless we secure compensation on your behalf. Let us handle the legal fight so you can focus on healing.
FAQs
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What if my loved one was partially at fault for the fatal Denver car accident?
Colorado follows a modified comparative negligence rule. You can still recover compensation if your loved one was less than 50% at fault. However, your damages will be reduced by their assigned percentage of blame. An experienced Denver car accident lawyer can gather evidence to minimize your loved one’s fault and protect your financial recovery.
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How long does it take to resolve a Denver wrongful death claim?
The timeline varies depending on the complexity of your case and the insurance company’s willingness to negotiate in good faith. Some claims settle in months, while others may take a year or longer, especially if a lawsuit is filed. Your Denver wrongful death lawyer can advise you on the anticipated timeline and work efficiently to resolve your claim.
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What if the at-fault driver died in the Denver car accident, too?
If the negligent motorist also passes away, you can still pursue a wrongful death claim. In these situations, you would seek damages from the deceased driver’s estate and auto insurance policy. A knowledgeable Denver car accident lawyer can identify all potential avenues for compensation in your case.
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What are the top causes of fatal car accidents in Denver?
According to the Colorado Department of Transportation, the leading causes of deadly crashes include speeding, impaired driving, distracted driving, and not wearing a seat belt. In 2024, preliminary data shows that Denver saw a tragic spike in traffic fatalities, with speed playing a role in over 40% of these preventable crashes.
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What sets Mintz Law Firm apart from other personal injury firms?
At Mintz Law Firm, we are dedicated to providing unparalleled service to accident victims and their families. Our Denver personal injury lawyers team has over 150 years of combined experience and has recovered millions in compensation for our deserving clients. We are skilled negotiators and fierce litigators unafraid to stand up to even the largest insurance companies. With our contingency fee arrangement, you only pay if we win your case. Experience the Mintz difference, and let us fight for the justice you deserve.
Work with a Personal Injury Lawyer in Colorado
Losing a loved one in a car crash is a devastating experience, and the legal process of filing a wrongful death claim can be overwhelming.
Mintz Law Firm has navigated multiple personal injury claims throughout the years and helped our clients win their settlements. Call our team of experienced and results-driven personal injury lawyers today at 303.732.8919 for your free consultation.