He is a great, smart personal injury attorney that cares so much about his clients! Kate C.
Look no further than Mr. Roberts! He made one of the hardest experiences a rather smooth one for me. Vicki C.
He first made sure I was treated for my injuries, then took care of my case. Raymond B.
My experience with Steve Roberts was positive from the first moment I consulted with him. Mysti C.

Denver Wrongful Death Lawyer

Losing a loved one is already painful enough. Trying to recover compensation for your losses can add to the trauma after a wrongful death. Fortunately, your Denver attorney can work to give your family the guidance, comfort, and justice you need.

Denver families may find themselves grieving recently because of a death in the family. You may have lost a loved one because of a careless driver, a negligent property owner, an unsafe product, a reckless mistake by a doctor at a Denver healthcare facility, or even a personal attack. These losses can feel overwhelming.

When you believe that someone was at fault for these losses, it adds another layer of grief. Unfortunately, juggling mourning and a lawsuit isn’t easy, which is why your family could use a Denver wrongful death lawyer. At Roberts Accident Law, we understand how difficult dealing with your grief is, so we’ll help you work to get the closure you deserve.

What is Considered Wrongful Death

A death in the family is always brutal for everyone involved. However, one that comes unexpectedly can feel even worse. Add in the potential for wrongful death, and it can be heartbreaking with the knowledge that if something was done a little differently, they could still be alive with their family today.

Learn more about what is considered wrongful death by the courts and what you can potentially expect if you suspect that misconduct or negligence was involved in the incident that resulted in your loved one’s death.

What is Wrongful Death?

According to the courts, wrongful death involves another person or an entity performing an action that can be deemed negligent or against the typical conduct expected, which resulted in the death of a person. This action that shouldn’t have been allowed to occur, such as not performing proper upkeep on a party bus that resulted in a fatal crash, is directly linked to the accident. Had the maintenance been completed, the accident may not have happened in the manner that it did.

Examples of Wrongful Death

Some examples of wrongful death include:

  • Deaths that occur during the commission of a crime
  • Instances of medical malpractice
  • Improper manufacturing of an item
  • Fatal car accidents

This list is not complete, and it’s highly recommended to speak with a legal professional about a particular situation that occurred to your loved one due to the burden of proof in these cases.

How is Wrongful Death Proved?

Proving a wrongful death case is not always easy. First, it’s necessary to verify that the negligent actions that occurred directly resulted in the individual’s death. For instance, with the party bus example, it can be said that the person responsible for the upkeep of the vehicle had a standard of care towards the paying passengers, and by not fixing the brakes, which resulted in a fatal crash, is a direct link to the death of the passenger.

If you believe that your loved one’s death was the result of misconduct or negligence and want answers. Contacting the knowledgeable attorneys at Roberts Accident Law is a great first step.

Finding the At-Fault Party

When a loved one is killed in an accident, knowing who’s responsible is key. Unfortunately, it can be tough, too. You may not have even been present at the accident, and if the responsible person was at work, it can be even more complex.

Fortunately, that’s where your attorney in Denver comes in. We understand that finding liability can be a challenge. That’s why we’ll start by going over the evidence for your claim and reviewing any accounts of the fatal injury. That way, we should be able to determine who caused this wrongful death and who is responsible for it.

Who Can File For Wrongful Death

A wrongful death occurring in the family can be a stressful time. There are often so many unanswered questions, swirling emotions, and painful tasks to be handled. One question that can come up often is who can file the paperwork for a wrongful death lawsuit in Colorado. Depending on the family dynamics, it can be a touchy subject, but Colorado law helps narrow down your options when it comes to the individuals that can start the paperwork.

Determining Who Can File

In Colorado, the timing of the lawsuit plays a significant role in determining who can file it.

1st Year

During the first year following the wrongful death, several individuals have the right to file a wrongful death lawsuit in Colorado. The current spouse is the primary individual to file. The children of the individual can file during the first year if they have permission from the spouse. In some cases, the spouse and children can file jointly.

In the situation where there is no spouse or children, two other parties are also able to file. The parents of the deceased may file on behalf of their child that has passed. The designated beneficiary of the deceased individual can file the wrongful death lawsuit, as well, in cases where no other family members are available.

2nd Year

The critical difference between the first year and the second year and who can file the lawsuit is when it comes to the children of the deceased. Everyone that can file in the first year can also file during the second year.

However, the requirements for filing in the first year, the children have to have permission from the spouse to file a wrongful death suit. During the second year, the children no longer need this permission to move forward with a lawsuit. Therefore, they can file independently without any input necessary from the spouse after the first year has passed.

Individuals Not Eligible

In Colorado, some individuals are not eligible to file a wrongful death lawsuit. For example, aunts, uncles, cousins, siblings, and friends cannot file unless they are legally the beneficiary of the individual that passed.

Waiting Too Long

Keep in mind that while only some parties are eligible to file in the first year and others in the second year, waiting too long can be an issue. A statute of limitations is put into place to create timelines for determining when too long has passed for legal action to take place. In the case of wrongful death, the statute of limitation is limited to two years. Once two years have passed since the death, it’s too late for anyone to be able to file. The only exception to this rule is in instances of hit-and-run accidents where the statute of limitations is extended to four years.

A wrongful death lawsuit can be a complicated and stressful event after an already hurtful occurrence. Have questions and concerns about a wrongful death case in Colorado? Not every case is the same. It can be beneficial to speak with an educated attorney at Roberts Accident Law about your particular case for specifics on moving forward with a lawsuit.

Compensation Offered for Denver Families

Once you’ve found whether you’re eligible to file a fatal accident claim, you’ll need to know what your claim is worth. Your family deserves compensation for all the losses suffered, both financial and emotional.

The economic losses you’ve suffered will typically cover any funds you’ve lost through the situation. For example, if your loved one passed away because of a car accident, the vehicle may have been totaled. That leaves you struggling with those property losses on top of everything else.

However, you’re primarily also grieving. You lost a family member, and that can take an emotional toll. The damage to your enjoyment of life can be serious, so you’ll need a wrongful death attorney in Denver to help you find how much these kinds of intangible losses are worth.

If you’re dealing with a wrongful death claim, you may be eligible for the following damages:

In addition to these losses, the estate’s representative can also seek other damages. They may also ask for compensation for the deceased’s final hospital bills, as well as the costs for a funeral and burial.

Colorado Laws Affecting Your Fatal Accident Claim

You’ll also need to speak to your lawyer not just about getting your full compensation but about protecting your claim. Colorado law can dismiss your claim if you’re not careful, leaving you struggling to overcome your losses without resources.

For example, you may already know that there are certain time limits for an injury claim in Denver. You will only have two years total to file your claim after the accident. If you’re a child of the deceased, that means you’ll essentially have one year to file your claim, so let your lawyer know quickly about your case.

Denver Wrongful Death FAQ

What is the difference between the civil and criminal cases that can be brought regarding the death when someone dies?

A civil case generally will have to do with a dispute between individuals or organizations where there is a disagreement over the rights and duties owed to each other. A criminal case occurs when the government seeks to punish an individual for a crime. During a criminal case, the burden of proof is higher, and the punishment sought is imprisonment. During a civil case, the penalty is generally a monetary judgment.

Can I bring a wrongful death action if my spouse didn’t contribute to our family’s monthly income?

Yes, even if your spouse does not have a job, they contribute to your family in other ways. For example, if your spouse is a stay-at-home mother or father, they contribute service, nurturing, and guidance to the family; these contributions are classified as “pecuniary losses.”

Can you sue for the pain and suffering of the decedent?

Yes, if the decedent suffered prior to their death, the family can recover damages for their pain and suffering.

Talk to a Wrongful Death Lawyer in Denver

When you’ve lost a loved one, the impact can be severe, both emotionally and financially. A lawsuit may not bring your loved one back, but it can help you recover your losses and focus on your grief, not on your finances.

If you’re ready to file a Denver wrongful death claim, get started with a free consultation. At Roberts Accident Law, we want you to know that we’re the right law firm for you before you begin. That’s why we’ll review your claim first, showing you what you need to know and how we’ll handle your case.

When you’re ready for your free consultation, your Denver wrongful death lawyer is waiting for you. To begin, reach out by calling 720-515-7058 or by filling out the online form below.



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