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What Are the Common Causes of Wrongful Death Lawsuits in Colorado?

Few experiences are as devastating as losing a loved one unexpectedly, especially when their death could have been prevented. In Colorado, wrongful death lawsuits provide a path for families to seek justice and compensation when a loved one’s life is cut short due to negligence or misconduct. By understanding the common causes of wrongful death, families can identify when legal action may be warranted and what steps to take to protect their rights.

Motor Vehicle Accidents

Car, truck, and motorcycle accidents are among the leading causes of wrongful death claims in Colorado. These tragedies often result from reckless driving, speeding, driving under the influence, or distracted driving, such as texting behind the wheel. Pedestrians and cyclists are also frequently the victims of fatal accidents caused by negligent drivers.

When a fatal crash occurs due to someone else’s negligence, surviving family members may pursue a wrongful death claim. Compensation can help cover funeral expenses, lost financial support, and the emotional toll of losing a loved one. Working with an experienced attorney ensures that families understand their rights and options, as well as the evidence required to establish liability in these cases.

Medical Malpractice

Medical professionals are trusted to provide competent care, but errors in diagnosis, treatment, or surgery can lead to preventable fatalities. Common examples of medical malpractice that result in wrongful death include misdiagnoses, surgical mistakes, improper administration of medication, and failures to monitor a patient’s condition.

Families pursuing a medical malpractice wrongful death claim must demonstrate that the healthcare provider’s negligence directly caused their loved one’s death. These cases often require the testimony of medical experts who can evaluate whether the standard of care was breached. In Colorado, families may seek compensation for both economic losses, such as medical bills, and non-economic damages, like pain and suffering caused by their loss.

Workplace Accidents

While safety regulations aim to protect workers, fatal workplace accidents still occur in industries such as construction, manufacturing, and transportation. Falls from heights, equipment malfunctions, exposure to hazardous materials, and vehicle-related accidents are common causes of fatal injuries on the job.

In Colorado, families may be eligible for workers’ compensation benefits if a loved one dies due to a workplace accident. However, when negligence by a third party—such as a subcontractor, equipment manufacturer, or property owner—contributes to the fatality, families may also have the right to file a wrongful death claim. Pursuing this claim can provide additional compensation beyond what workers’ compensation offers, addressing losses like pain and suffering and loss of companionship.

Defective Products

Faulty products can pose significant dangers to consumers, leading to severe injuries or fatalities. Common examples include defective automobile parts, unsafe medical devices, malfunctioning household appliances, and toxic consumer goods. When a product’s design, manufacturing, or marketing is flawed, it may fail to perform safely, placing users at risk.

Under Colorado’s product liability laws, manufacturers, distributors, and retailers can be held responsible for deaths caused by defective products. Wrongful death claims involving defective products often require a detailed investigation to determine how the product failed and whether the company responsible knew or should have known about the defect. By pursuing these claims, families not only seek justice for their loved ones but also contribute to safer products and practices.

Premises Liability

Property owners have a duty to ensure that their premises are safe for visitors. When they neglect this responsibility, accidents such as slips and falls, fires, swimming pool drownings, or structural collapses can result in fatal injuries. Premises liability wrongful death claims arise when a property owner’s negligence directly causes or contributes to a death.

In Colorado, these cases require proof that the property owner was aware—or should have been aware—of the dangerous condition and failed to take appropriate action to address it. Evidence such as maintenance records, security footage, or witness testimony can help build a strong case. Compensation from a premises liability wrongful death claim can help families cover financial and emotional losses stemming from their loved one’s death.

The Impact of Wrongful Death on Families

The loss of a loved one due to negligence is not only emotionally devastating but can also create financial hardship. Families often face significant expenses, including medical bills, funeral costs, and the loss of the deceased’s income. In addition to these tangible losses, the emotional pain and loss of companionship experienced by surviving family members are immeasurable.

Wrongful death lawsuits aim to address these challenges by providing compensation for the following:

  • Medical expenses: Costs incurred for emergency care or hospital stays before the victim’s death.
  • Funeral and burial costs: Expenses associated with laying a loved one to rest.
  • Lost income: The financial support the deceased would have provided over their lifetime.
  • Non-economic damages: Emotional pain, loss of companionship, and loss of guidance for children.

While no amount of money can replace a loved one, these damages help families cope with their loss and secure a more stable future.

Filing a Wrongful Death Claim in Colorado

In Colorado, only specific individuals are eligible to file a wrongful death lawsuit. During the first year after the death, the deceased’s spouse has the exclusive right to file the claim. In the second year, this right extends to the deceased’s children or designated heirs. If the deceased has no spouse or children, the parents may file the claim.

Colorado also imposes a time limit, or statute of limitations, on wrongful death claims. Families generally have two years from the date of death to file a lawsuit. Acting promptly is essential to preserve evidence, identify responsible parties, and build a strong case.

Call Fiedler Trial Lawyers for Your Wrongful Death Lawsuit

At Fiedler Trial Lawyers, we are dedicated to supporting families in Denver and throughout Colorado as they seek justice for their loved ones. Our experienced wrongful death attorneys provide compassionate, personalized guidance, handling every aspect of the legal process to ease the burden on grieving families.

We thoroughly investigate the circumstances surrounding the death, gathering evidence and consulting with experts to establish liability. Whether through negotiations or litigation, we fight to ensure families receive the compensation they deserve. Our goal is to provide the support and advocacy necessary for families to begin rebuilding their lives after a tragic loss.

If you have lost a loved one due to someone else’s negligence, contact us today for a consultation. Let us help you understand your options and pursue justice on behalf of your family.

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