Wrongful Death Cases

Posted Tue 15th Sep, 2020 | by | on Legal Insights | Denver injury attorney, denver-accident-lawyer, Kidneigh Kaufman, personal injury, Personal Injury Lawyer, wrongful death

Losing a loved one can be an incredibly difficult experience.  Losing a loved one can be even more difficult if the death was caused by the negligence or fault of another person. 

A wrongful death claim can exist when someone’s death can be legally tied to the negligent actions or misconduct of another person or entity. The at fault person can be liable in a wrongful death case whether their action was intentional or not. For instance, if the deceased was attacked, that action was clearly intentional. However, if the deceased was the victim of a fatal motor vehicle collision, the action may or may not be intentional, but a wrongful death claim can exist either way. Entities, such as product manufacturers, can also be charged with wrongful death in place of a person. If the deceased death is found to have been caused in whole, or by part, by the negligent or reckless act of the defendant, then the defendant is liable for wrongful death. As such, the defendant does not have to be found guilty of criminal charges to be considered liable for a wrongful death claim. In fact, in most cases, wrongful death claims are pursued after the criminal charges have ran their course.

In all wrongful death claims, the family of the deceased are the only ones who are eligible to file the claim, but who can file, and when, changes from state to state. In Colorado, a wrongful death claim can be filed by the deceased’s family in the order of spouse, children, then parents, with minimal exceptions. The spouse of the victim can file within the first year of the incident. After one year the children and spouse are both eligible to file for wrongful death. If the deceased was not married or did not have kids, their parents can file within the first year. In wrongful death cases, the family seeks compensation for economic and non-economic damages. Economic damages include, but are not limited to, any medical expenses incurred, funeral expenses, and financial compensation for any dependents of the deceased. Non-economic damages include, but are not limited to, grief, mental anguish, and loss of love.

If you have recently suffered a loss of a family member due to another party’s negligence, please contact the attorneys at Kidneigh & Kaufman, P.C., to help assess if you have a claim.