Denver Wrongful Death Lawyer
If you have recently lost a family member or loved one due to the negligence of another person or company, contact the lawyers of Eddington at (303) 815 1585 for help. The unexpected death of a family member is devastating, especially when it could have been avoided. If their death was caused by someone else’s negligence or maliciousness, you can hold that party financially accountable through a wrongful death claim. Though nothing can bring your loved one back, pursuing a wrongful death claim can keep your family financially stable in the face of unexpected medical and funeral bills, and can help bring you closure.
The wrongful death attorneys from Eddington are here to help you and your family pursue justice after a wrongful death. We have been helping our neighbors in Colorado for over thirty years, and we are ready to help you, too. To learn more about what we can do for you after a wrongful death, contact us today at (303) 815 1585 to schedule a free consultation.
Do I Need a Wrongful Death Lawyer?
To be successful with your wrongful death case, you will need to provide evidence that proves that the defendant was legally negligent, and that their negligence directly caused your loved one’s death. This means that, depending on the details of your case, you may have to provide photographs, eyewitness evidence, statements from the police, medical records, and more. Trying to gather this evidence and negotiate with insurance while you are in mourning is extremely difficult.
Instead, hire a lawyer. While you focus on mourning with your remaining family, a lawyer can investigate your loved one’s death to determine the cause and identify the liable parties. They can gather all the necessary evidence, using a wide range of resources and experts. They can speak to insurance representatives for you, negotiating to get the full amount of money your family needs and deserves. If insurance is stubborn and refuses to make a satisfactory offer, your lawyer can take your case to trial. With a lawyer on your side, you are likely to receive far more in compensation than you would trying to handle your claim on your own, and with far less stress.
Why Choose Eddington?
The lawyers at Eddington have spent decades helping the people of Denver, Colorado, with a variety of personal injury cases and have procured millions of dollars for our clients in that time. Since our firm’s inception, we have focused on fostering an environment based on trust and dependability. Above all else, we are passionate and committed to helping you get the results that you deserve.
Residents in the Denver community and beyond have recognized our dedication to providing top-notch legal representation and support for every client that approaches us. Our lawyers were a part of the top 100 lawyers named by The National Trial Lawyers and were rated one of the top lawyers in Denver by Super Lawyers. Similarly, members of the community have praised us for our legal prowess, calling us “extremely knowledgeable” and caring. Whatever your concern, the lawyers at Eddington will try to find a solution.
Cases We Handle
You can pursue a wrongful death claim for after any death caused by another party’s negligence. If a party was negligent, this means that they owed your loved one a duty to keep them safe and violated that duty, directly leading to their death. Some of the most common types of wrongful death cases include
- Medical Malpractice: This occurs when a doctor fatally injures a patient by not competently performing their medical duties. A medical malpractice lawsuit must: 1) prove that a doctor-patient relationship was formed, and the doctor was hired to oversee the victim’s medical condition, and 2) prove the doctor was negligent and that any harm that came to your loved one could have been avoided or prevented if the doctor had provided the standard of care. The doctor must have done their best to be “reasonable and careful.” The doctor may have failed to diagnose the patient accurately, delivered improper treatment, failed to warn the patient of the risk’s associated with treatment, or performed inadequately during a major procedure. Medical malpractice is often one of the most common causes of a wrongful death case, but it is also very complicated to pursue.
- Workplace Accidents: In general, manual labor and construction jobs have a higher risk of worker fatality, especially in cases where employees work in an environment that is not up to code or that does not comply to state and federal standards. If your loved one was killed at work and it can be proven that someone else was to blame, you can likely pursue a wrongful death case. You may also have a case if circumstances or conditions at work caused a loved ones’ death outside of the job’s environment, such as if your loved one was killed in a car accident while making a delivery at for work.
- Premises Liability: Property owners have a duty to keep their property safe for visitors. If your loved one was killed by a hazard on someone else’s property, you can likely pursue a wrongful death claim. Common causes of premises liability accidents include slip-and-falls, swimming pool accidents, and negligent security.
- Nursing Home Abuse: We trust nursing homes with caring for our vulnerable family members. If your loved one died after being neglected or abused in a nursing home, you can hold the staff and administration of the facility financially accountable. Common causes of nursing home fatalities include neglect, falls, and medication errors.
- Car Accidents: Over four million Coloradans have driver’s licenses. With that many people on the road, any driver is at risk of a fatal car accident. If you can prove that your loved one died in a car accident caused by another party, you may file a wrongful death lawsuit against the other driver, the vehicle manufacturer, or the government responsible for the upkeep of the road.
- Pedestrian Accident: Because pedestrians have nothing to protect them in a collision, pedestrian accidents often have high fatality rates.
- Defective Products: A manufacturer of a product can be held liable if their product results in a death. Some of the most common types of defective products are toxic foods, defective automobiles or vehicle parts, defective pharmaceutical products, or defective children’s toys or furniture.
- Aviation Accidents: Though planes often undergo extensive testing and maintenance, sometimes accidents do occur. If a mechanical issue or a pilot’s negligence results in death, one might pursue a wrongful death case.
- Truck Accidents: Trucks are enormous pieces of machinery that can cause fatal accidents if the driver is not careful. Aggressive driving, mechanical errors, and employer negligence can all cause wrongful death.
- Violent Crime: If your loved one dies as a result of assault or murder, you can hold the perpetrator financially accountable. It is important to note that their criminal proceedings are completely separate from your civil claim, so even if they are found not-guilty in criminal court, you may still be able to recover compensation. If you do not file a civil claim, you will not recover any compensation from the criminal case.
This is not an exhaustive list. As long as your loved one’s death was the result of someone else’s negligence, recklessness, or maliciousness, you can hold them accountable through a wrongful death claim.
Frequently Asked Questions
Hopefully, you have never had to bring a wrongful death claim before. This process can be overwhelming, so to ease some stress, we have provided the answers to some common questions below.
Who can bring a wrongful death claim?
Only the spouse of the deceased individual may file a claim in the first year. Only after two years can the deceased’s children file a wrongful death claim. If the victim left no surviving children or partner, the parents of the deceased may file a wrongful death claim. Another rare circumstance is known as a survival action claim, where the representative of the deceased’s estate may file to recover losses to the estate.
What damages can be recovered from my claim?
Most often, the family may seek monetary compensation for loss of the comfort, care, or assistance of the individual, including benefits of the deceased (such as health or life insurance), and wages that the deceased might have earned. The representative of the estate may also seek damages for emergency care, hospital expenses, and funeral expenses.
Is there a time limit?
You must file a wrongful death lawsuit within two years of the date of death; otherwise, you will be barred from recovering any compensation. Colorado also limits who can file and at what time during this two-year period. Contact a lawyer to find out whether you are eligible to file a wrongful death claim.
Are wrongful death damages taxable?
Generally, no, the money recovered from a wrongful death lawsuit is not taxable. The damages you receive will remain yours.
Contact the Denver Wrongful Death Lawyers at Eddington
The lawyers at Eddington have been serving the people of Denver for over thirty years. We can handle the stressful aspects of your claim for you so that you can focus on saying goodbye to your loved one. No other firm is better suited to handle your case than the experienced team at Eddington. Don’t wait any longer to receive the compensation and closure you deserve. Call us today at (303) 815 1585 or contact us via our website to schedule a free consultation.