Wrongful Death Archives - Donaldson Law, LLC

What Type of Evidence is Required to Prove a Wrongful Death Claim in Colorado?

At Donaldson Law, LLC, our personal injury attorneys in Denver know the challenges our clients face when pursuing potentially liable parties during wrongful death claims in Colorado.

Our Colorado wrongful death statute states that an individual or corporation is liable for the wrongful death of another person if the loss of life was caused by a wrongful act, negligence, or default.

For instance, if a drunk driver crashes into another vehicle, causing the death of the driver or another occupant, it may seem clear that the accident was caused by negligence.

To achieve a successful claim, the family’s representative must prove the wrongful death would not have occurred if the act, neglect, or default did not occur, which may be more difficult than they imagined – even in seemingly clear-cut cases.

We can help.

How Can Donaldson Law Help My Family Pursue a Positive Outcome During a Colorado Wrongful Death Claim?

Four elements must be true to pursue a successful wrongful death claim in Colorado.

They include:

The death was actually and proximately caused by the negligence, default, or wrongful act of another person
The negligence, default, or wrongful act would have entitled the individual who was injured to recover for their injuries if they did not die
The decedent had a surviving heir or beneficiary who is eligible to seek compensation for the decedent’s death
A monetary loss resulted from the decedent’s death

Some of the more common causes of wrongful death in Colorado may include, but are not limited to:

Our skilled wrongful death attorneys in Denver will help secure the evidence necessary to prove each of these elements is true, including:

Testimony from liability experts who can help prove that the negligent party was responsible for the incident which caused the person’s death
Testimony from causation experts who can resolve disputes regarding the actual cause of death
Testimony from experts to help uncover and explain damages, which in turn increases the likelihood of a successful result
Testimony from experts that can help outline the evidence from the field in which the death occurred and the damages they caused our client, including:
Medical experts
Accountants
Vocational experts
Economists
Lifecare planners

These experts will help explain the incident, whether it was a crash, nursing home incident, or a slip and fall, to thoroughly explain why a drunk driver, a truck driver and their employer, nursing home, or another third party may be responsible for the fatality.

Contact Our Experienced Denver Wrongful Death Attorneys at Donaldson Law for a Free Case Assessment Today

If you have lost a loved one to negligence, contact our wrongful death attorneys in Denver, Colorado at Donaldson Law, LLC by calling 303-458-5000 or contact us online to schedule a free confidential consultation to discuss your case.

We will provide the legal tools and resources you need to pursue the negligent party for the best outcome available for your unique case.

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Who is Eligible to File a Wrongful Death Claim in Colorado?

At Donaldson Law, LLC, our compassionate wrongful death attorneys in Denver, Colorado understand how difficult it is to lose a loved one under any circumstances.

When someone you love loses their life to negligence, it is nearly impossible to understand how something like this could happen, or who may be held responsible for their untimely death.

According to our Colorado Wrongful Death Laws, an individual or corporation is liable for wrongful death if the loss was caused by a wrongful act, negligence, or default that would not have happened if the action or inaction did not occur.

When preventable incidents occur, and our clients lose their loved ones as a result, we provide real legal solutions that may allow them to pursue the negligent party for the financial compensation for the resulting expenses, and the support their loved one once provided.

What are the Most Common Causes of Wrongful Death in Colorado?

When negligence is a factor, there is no limit to the number of ways an accident can cause the loss of life.

Some of the more common causes of wrongful death in Colorado may include, but are not limited to:

If you have lost a loved one to negligence, contact our experienced wrongful death attorneys in Denver at Donaldson Law, LLC today to schedule a free consultation to discover whether you are eligible to file a claim in Colorado.

Who is Eligible to File a Wrongful Death Claim in Colorado?

In Colorado, only certain individuals are permitted to pursue a wrongful death claim after losing a loved one to negligence.

In addition, eligible persons are only eligible to file a wrongful death claim within a certain window of time.

In the first year, from the date of their loved one’s death, the following individuals may be eligible to file a wrongful death claim in Colorado:

The decedent’s spouse
The decedent’s heirs if no spouse
The decedent’s heirs and spouse combined
The decedent’s designated beneficiary if no spouse

If the surviving spouse does not bring an action in the first year — or waives his or her right to bring a wrongful death suit — the next set of eligible family members who can pursue a wrongful death claim in the second year after the date of the decedent’s death may include:

The surviving children of the decedent
The parents of the decedent if the decedent was not married and did not have children
The designated beneficiary of the decedent

If you have questions about your eligibility to pursue a wrongful death claim in Colorado, contact our experienced personal injury lawyers in Denver today to discuss your unique circumstances, so you can begin making informed decisions about the direction of your case.

What Type of Financial Compensation Can I Pursue During a Colorado Wrongful Death Claim?

In Colorado, there are two types of legal actions that can be pursued by the decedent’s eligible heirs or the estate when another person’s wrongful acts caused the death of their loved one. They include a survival action and a wrongful death claim.

The significant difference between the two is that the damages for a survival action are for the decedent him or herself, which may include medical expenses he or she incurred before their death. Only the Decedent’s estate, through the personal representative, is permitted to file a survival action in the State of Colorado.

Wrongful death actions seek damages that eligible family members suffer as the result of their loved one’s death, not the damages suffered by the decedent.

Wrongful death compensation may include:

Funeral and burial costs
Loss of benefits, such as pension or retirement benefits
Loss of future earnings
Financial loss suffered by the surviving heirs and/or beneficiaries
Non-economic losses suffered by the surviving spouse or heirs

Once we determine your eligibility to file a survival or wrongful death claim, we will outline which financial recovery options are available to your family, based on the unique circumstances of your loss.

If you have lost a loved one to negligence, contact our personal injury attorneys in Denver, Colorado at Donaldson Law, LLC by calling 303-458-5000 or contact us online to schedule a free confidential consultation today to ensure your rights are protected throughout the legal process, so you can pursue the best outcome available for your unique case.

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My husband was rear-ended and his head broke through the back window of the truck. We decided to give things time to see if he improved. The other insurance company dragged things on forever. That’s when we decided we needed an attorney. We did not fully understand the statute of limitations and called a few attorneys thinking we had enough time. We quickly found out that in the land of the law, we were cutting it very close. The other attorneys we called passed saying that they just didn’t have the time to handle our case; we didn’t even get a chance to speak with anyone but the receptionist. Then I called Jennifer Donaldson and spoke to Melanie who is part of Jennifer’s incredible team. – Jackie G.

I was hit by a car while I was in a crosswalk. Afterward, I underwent multiple surgeries and occupational therapy. I was out of work after losing the use of my hand for a period of time. I knew that I couldn’t deal with the insurance companies on my own. After some research, I found Jennifer and Melanie. They were amazing through the whole process and the result was a very generous settlement. They were also able to get my health insurance to waive their subrogation claim. They have both been great to work with. Throughout my claim, they communicated with me and kept me updated. I would definitely recommend using Jennifer Donaldson if you ever need an attorney for a personal injury case.– Zander O.

Jennifer and her team were fantastic. They guided me through the whole process after getting into a car accident. She fought for me, and gave me and my family the best support. I don’t think I could have made it through the whole process without Jennifer and her team. Their knowledge of the insurance industry was very helpful and was a key factor in the outcome of my case.– Tony D.

My wife was involved in a serious auto accident where she sustained serious injuries, including a traumatic brain injury. Ms. Donaldson was professional, compassionate and very thorough from beginning to end. Her focus was to make sure that we were made whole. Her thorough work resulted in a settlement that provides for our needs for the rest of our lives. Ms. Donaldson is a great attorney.– Tony D.

I was hit by a car while riding my bicycle, causing me serious and permanent injuries. Ms. Donaldson handled my case in a very professional manner with outstanding results. She worked hard to make sure we got a settlement without the need for litigation while still getting the maximum recovery available. She and her staff were very thorough and stayed in constant communication. Overall, Ms. Donaldson was outstanding during the entire case. I highly recommend her to anyone in need of representation for their personal injury claim.– Leigh C.