Wrongful Death Attorney in Colorado

Losing a family member is a devastating experience.
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    Along with the grief of having lost your loved one’s companionship and love, you will also need to deal with the financial realities of your loved one’s passing. If another party’s wrongful acts caused your family member’s death, you likely also feel angry at the idea that your loved one’s passing was avoidable. At Earl & Earl, PLLC, we are here to help.

    When your family has lost a loved one due to someone else’s negligence or recklessness or other legal fault, you and your family deserve to pursue accountability and a financial recovery in a wrongful death claim. We will work hard to pursue those goals and meet your family’s unique needs.

    When you work with us, you and your family will never be just another case number. We will treat you and your family like members of our own family. That means that you can expect personalized service and prompt communications from our legal team throughout your case.

    To learn more, contact Earl & Earl, PLLC today for a free case review. You can speak to a Colorado wrongful death attorney and learn more about the legal rights and options you and your family have for pursuing accountability and justice after losing a loved one to the wrongful acts and omissions of another party. With offices in Colorado Springs, Castle Rock, Grand Junction, Denver, and Pueblo, we serve clients throughout Colorado.

    When Is a Death Considered ‘Wrongful’?

    A death is considered “wrongful” when an individual’s passing is caused by or attributable to the negligence, recklessness, or willful actions of another party. A wrongful death claim can be thought of as a personal injury claim that the deceased individual would have brought had they survived the injury or illness inflicted upon them by another party.

    For example, a death may be considered “wrongful” when it results from a car accident caused by another negligent or reckless motorist. A wrongful death can also occur due to negligent medical treatment. A dangerous or defective condition on someone else’s property could also give rise to a wrongful death claim in Colorado.

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    Who Can File a Wrongful Death Claim in Colorado?

    Colorado’s wrongful death statute limits the categories of persons entitled to bring a wrongful death claim following a person’s passing. Individuals who can file a wrongful death claim in Colorado include:
    • wrongful deathSurviving spouse
    • Surviving children
    • Surviving parents (if a decedent leaves no surviving spouse or children)

    For the first year following a person’s death, only a surviving spouse may legally bring a wrongful death action. Beginning in the second year, other eligible family members can bring the wrongful death claim. If a decedent leaves no surviving spouse, then their surviving children (or if none, the decedent’s surviving parents) may bring the wrongful death claim in the first year following the decedent’s passing.

    Additionally, following a wrongful death, certain compensation may be recovered by the deceased person’s estate. This compensation represents losses suffered by the decedent before death or by their estate following their death.

    This compensation claim is often called a “survival” action. It may be brought by the deceased individual’s personal representative (typically, the executor or administrator of the deceased’s estate). When you meet with Earl & Earl, PLLC, we will help you to determine if you are eligible to pursue wrongful death compensation from the party or parties who harmed your loved one.

    What Are the Ways Your Family Can Be Compensated for a Wrongful Death?

    No amount of money can ever bring a deceased family member back. However, when your family has lost a loved one due to another party’s wrongful actions, your family may be entitled to pursue compensation for the losses that you have incurred due to your loved one’s passing. Compensation that your family may be entitled to in a Colorado wrongful death claim include:

    • Wages and other income that your loved one would have earned and contributed to your family had they lived
    • Lost benefits such as health insurance, life insurance, or pensions
    • Cost of lost services to your household performed by your loved one
    • Loss of your loved one’s companionship, including your loved one’s care, assistance, protection, love, and society

    Your deceased loved one’s estate may also be entitled to recover compensation for losses that your loved one suffered before death. The estate may also recover losses and expenses incurred by the estate following their death, such as:

    • Costs of medical treatment for last injury or illness
    • Conscious pain and suffering experienced by your loved one before their death
    • Funeral and burial expenses

    Our Colorado wrongful death lawyers at Earl & Earl, PLLC can help your family better understand what compensation you may be entitled to pursue for your loved one’s passing. It starts with a free consultation. We will always focus on your family’s individual needs and goals.

    How Long Do You Have to File a Wrongful Death Lawsuit in Colorado?

    In Colorado, the statute of limitations generally requires you to file a wrongful death lawsuit within two years of your family member’s passing. If the deceased person has a surviving spouse, only the spouse can file a wrongful death lawsuit within the first year of the decedent’s passing.

    If your family fails to file your wrongful death lawsuit before the statute of limitations expires on your claim, the court will have grounds to dismiss your case permanently. Your family could lose the right to pursue financial compensation in court.

    If your family has a wrongful death claim against the state government or a local government or other public agency, Colorado law requires you to provide the appropriate government or public agency with notice of your claim within 182 days of your family member’s passing. This requirement is in addition to the statute of limitations. Failing to file a timely notice may bar your family from pursuing a wrongful death suit against the government.

    What Are the Common Causes of Wrongful Death?

    A wrongful death can arise in any accident or incident caused by the negligence, recklessness, willfulness, or other legal fault of another party. The Colorado wrongful death lawyers of Earl & Earl, PLLC can help you if your family has had a loved one wrongfully killed in accidents or incidents such as:

    If someone else’s actions or decisions caused your loved one’s death, our wrongful death attorneys may be able to help your family to seek accountability and recovery.

    How Our Colorado Wrongful Death Lawyers Can Help You

    After your family has lost a loved one due to someone else’s wrongdoing, let the Colorado wrongful death lawyers of Earl & Earl, PLLC help your family to seek a financial recovery and accountability for your loved one’s passing by:

    • Taking the time to sit down with you and your family in a free, no-obligation consultation to help you understand your rights and options
    • Developing a tailored legal strategy dedicated to pursuing the results that your family wants and needs
    • Investigating the facts and circumstances of your loved one’s passing to identify the party or parties at fault
    • Collaborating with experts to help us persuasively explain the other parties’ responsibility for your family member’s death
    • Documenting your losses and bringing in experts in vocational and financial fields to calculate your family’s financial losses due to your loved one’s passing
    • Filing claims on your family’s behalf with at-fault parties and their insurance companies and handling all aspects of your family’s case so that you can focus on healing after losing your loved one
    • Pursuing your family’s lawsuit in court and at trial if necessary

    We recognize the devastating impact that losing a loved one can have on your family. You shouldn’t have to bear additional financial burdens just to pursue the accountability and justice that your family and your loved one deserve. That’s why there’s no risk to you in having Earl & Earl, PLLC to help you pursue your family’s wrongful death claim. Your family will never owe any upfront fees, and we will get paid only if we secure compensation for your family.

    If you and your family have had a loved one who passed away due to the negligent, reckless, or wrongful acts of another person or entity, contact Earl & Earl, PLLC today to get started on your case.

    We will handle all the details of your case so that you and your family have the time and space to grieve. Our Colorado wrongful death attorneys have decades of combined legal experience and a track record of successfully recovering financial compensation on behalf of our clients. Although nothing can undo your loved one’s passing, we will do what it takes to help you and your family get back on track after your devastating loss.

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