The unexpected loss of a loved one due to someone else’s negligence is devastating for any family. At Goldman and Haydel Personal Injury & Accident Lawyers, we understand the profound impact such a loss can have, both emotionally and financially. Our experienced Broomfield wrongful death lawyers help families seek justice and compensation during these challenging times.
Consult for free with our experienced and compassionate attorneys in Broomfield about your potential wrongful death claim. Contact the Goldman and Haydel law firm at (720) 571-0606 today.
What Constitutes Wrongful Death in Colorado
Under Colorado law, wrongful death occurs when someone loses their life due to another party’s negligence or intentional actions. Wrongful death cases often stem from accidents or injuries, such as car crashes, drunk driving incidents, or defective products. These cases are handled in civil court, separate from any criminal proceedings that may arise from the same incident.
The primary purpose of a wrongful death claim is to provide financial compensation to surviving family members who have suffered losses due to their loved one’s death.
So how can you determine if you have a wrongful death claim in Broomfield, Colorado? Our attorneys will examine whether the death resulted from negligence or a deliberate wrongful act. To proceed with a wrongful death claim, it must be established that the defendant acted recklessly or intentionally caused harm, leading to the injury and eventual death.
Common Causes of Wrongful Death Cases
Wrongful death claims in Broomfield can arise from various circumstances such as:
- Motor vehicle accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Slip and fall incidents
- Construction accidents
- Nursing home negligence
- Criminal acts.
No matter what caused your family member’s death, if you believe it was due to someone else’s actions, talk to us at Goldman and Haydel. We’re ready to listen to your story and provide a free case evaluation.
Who Can File a Wrongful Death Claim in Broomfield
Colorado law establishes a specific order of priority for filing wrongful death claims. During the first year following the death, only the surviving spouse has the exclusive right to file a claim. In the second year, both the spouse and the deceased person’s children may file claims. If there is no surviving spouse or children, the deceased person’s parents may pursue legal action.
Time Limits for Filing a Wrongful Death Claim
In Colorado, a wrongful death lawsuit must be filed within two years of the date of death. Note that this can be different from the date of the accident if, for instance, the decedent succumbed to their injuries after several days or weeks. Once the two-year window has passed, the family will lose the right to pursue such a claim under the Colorado Wrongful Death Act.
Certain factors may change the time limits to bring a wrongful death claim. It’s best to consult a wrongful death attorney as soon as you can to avoid missing deadlines in your civil claim.
Types of Compensation Available
No amount of money can ever truly compensate for the loss of a loved one, but monetary compensation can ease the financial stress that follows a tragedy. The court evaluates your compensation (called damages) based on the specifics of your case, but typically, you may be eligible to recover the following:
Economic damages:
- Funeral and burial expenses
- Medical bills incurred before death
- Lost wages and future income
- Loss of benefits
- Property damage.
Non-economic damages:
- Pain and suffering
- Emotional distress
- Loss of companionship
- Loss of care and protection
- Mental anguish.
If the responsible party acted with extreme negligence, you might also qualify for punitive damages. These are damages awarded to victims in order to punish the at-fault party and deter similar wrongdoings in the future.
At the Goldman and Haydel law firm, our goal is to help place you and your family in the most favorable position possible. When you work with us, we’ll pour our hours and skills to obtain maximum compensation on your behalf, so you can focus on rebuilding your life after your loss. Call us for a free consultation at (720) 571-0606.
Frequently Asked Questions
What is the average settlement for a wrongful death case in Colorado?
Every wrongful death case is unique, with settlements varying based on multiple factors including the decedent’s age, average life expectancy, earning capacity, and the circumstances of death. Compensation typically includes both economic damages (such as lost wages and medical expenses) and non-economic damages (such as pain and suffering). Colorado law may place caps on certain types of damages, particularly in medical malpractice cases.
How long does a wrongful death lawsuit take?
The length of a wrongful death lawsuit can vary significantly depending on the complexity of the case and whether it settles or goes to trial. Some cases may resolve within months if settlement negotiations go smoothly. Others might take several years if negotiations break down and a court trial is necessary. Factors that can affect the timeline include the investigation process, gathering evidence, expert testimony requirements, and court schedules.
Can multiple family members file their own separate wrongful death claims?
No, Colorado law allows only one wrongful death claim to be filed for a death. The claim must be brought by the eligible party according to the state’s priority system, with the surviving spouse having exclusive rights in the first year. Other eligible family members may join the existing claim rather than filing separate ones.
What happens if the deceased person was partially at fault?
Colorado follows a modified comparative fault rule in wrongful death cases. If the deceased person was less than 50% responsible for the incident that led to their death, the family can still recover damages, but the compensation will be reduced by the deceased’s percentage of fault. If the deceased was 50% or more at fault, recovery may be barred entirely.
What is the difference between Colorado wrongful death claims and survival action claims?
In Colorado, wrongful death claims and survival actions are distinct legal claims, although both can be filed simultaneously.
- Wrongful death claim: In a wrongful death claim, surviving family members seek compensation for the losses they have experienced as a result of their loved one’s death.
- Survival action claim: A survival action seeks damages for the pain and suffering the deceased endured prior to their death. Essentially, it functions similarly to a personal injury claim that the deceased could have pursued if they had survived. Damages in a survival action may include:
- Medical expenses related to the deceased’s final treatment for the injury that caused their death
- Lost wages or income that the deceased would have earned
- Costs associated with property damage or repairs.
How are wrongful death settlements paid out?
Wrongful death settlements are typically paid either as a lump sum or structured settlement. The distribution among family members follows Colorado law and any agreements reached during the settlement process. Insurance companies usually handle the payment, though in some cases, the defendant may pay directly. The specific payment arrangement often depends on the case circumstances and negotiations between parties.
Why Choose the Experienced Broomfield Wrongful Death Attorneys at Goldman and Haydel
For your wrongful death claim, you need an attorney who’s competent but also considerate towards the tragedy you’ve experienced. In Broomfield, call on Goldman and Haydel Personal Injury & Accident Lawyers.
With over 25 years of combined experience, the Goldman and Haydel team has successfully represented families across Colorado, securing their rightful compensation and helping them get a sense of closure.
At the Goldman and Haydel law firm, we understand the profound impact that losing a loved one can have on your life. Our compassionate and experienced Broomfield wrongful death lawyers are here to assist you through every step of the legal process, protecting your rights and strongly advocating for justice.
When we take on your case, we will keep you informed throughout the process, handle all legal complexities on your behalf, and fight tirelessly for your compensation.
Let us shoulder the legal burden so you can focus on healing and honoring your loved one’s memory.
Call Goldman and Haydel for a Free Consultation
If you have lost a loved one due to someone else’s negligence, don’t wait to seek the justice and compensation you deserve. Time is of the essence in wrongful death cases, as Colorado’s statute of limitations imposes strict deadlines for filing claims. Contact us today at (720) 571-0606 to schedule a free, no-obligation consultation. We will carefully evaluate your case, answer your questions, and provide honest advice about your legal options.
