The untimely death of someone you love is always a tragedy, and it is particularly hard to cope with when their death was caused by the negligence of another person, organization or business. No amount of money can make up for your loss, but it is nonetheless necessary and appropriate to hold the at-fault party liable in civil court.
If you are seeking legal help in the Denver metro area, look no further than Pickard Law, P.C. Our firm has been a respected part of the local legal community for more than 35 years, and we are particularly proud of our effective and compassionate legal advocacy in wrongful death matters.
In a legal sense, it is helpful to think of wrongful death litigation as an extension of personal injury matters. The greatest difference is the degree of harm: fatal vs. nonfatal injuries. Any negligence or intentional act that would warrant a personal injury lawsuit (if the victim survived) would also qualify for wrongful death litigation if the victim’s injuries proved fatal.
The other major difference is who serves as a plaintiff in a wrongful death lawsuit. The injured victim would typically be the plaintiff in a personal injury case, but that obviously cannot happen in wrongful death matters. Instead, a representative for the victim must serve as the plaintiff.
Colorado has laws limiting who has standing to sue for wrongful death, based on their relationship to the victim. In the first year after the death, the most likely plaintiff would be the victim’s surviving spouse, alone or in collaboration with the victim’s surviving children. If the decedent was unmarried at the time of death, the suit can be brought by their children or a designated beneficiary.
There are some nuanced exceptions to the rules listed above, particularly in the second year after a victim’s death. If you’d like to know more about whether you could serve as a plaintiff, contact our firm to discuss your options with one of our attorneys.
We understand that the death of a family member can be financially as well as personally devastating, particularly if the decedent was an income earner for the family. Utilizing our in-depth knowledge of Colorado law combined with our skills in the courtroom, we will help you seek maximum compensation for your economic and noneconomic losses. These may include:
Colorado places caps on the amount of noneconomic damages plaintiffs can recover in wrongful death cases. Even with these limitations, we can often help families recover more than they were expecting to receive in litigation or a negotiated settlement.
