Losing a loved one to wrongful death is a tragic event that no one should ever have to experience. When someone’s reckless or negligent actions cause you to lose a loved one, you may want nothing more than to put things behind you.
Denver Wrongful Death Attorney
Losing a family member is a tragic enough experience as is, let alone when their death was caused by the negligence or carelessness of another person. At Fiedler Trial Lawyers, we recognize the impact that a loved one’s death may have on their family, both emotionally and financially. Our firm is proud to help Denver families pursue wrongful death claims when they have lost a family member due to the negligence of others.
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What Is Considered Wrongful Death in Colorado?
Colorado defines wrongful death as the death of a person caused by a wrongful act, neglect, or default of another. In these instances, family members will be able to file a civil lawsuit and pursue compensation for their loved one’s untimely death. Wrongful death claims aim to compensate family members for their emotional suffering as well as their loss of financial support.
When a loved one dies because of another person or entity’s negligence, your family may be faced with many other financial challenges as well, including funeral costs and any medical bills incurred before your family member’s death.
While losing a family member is undoubtedly tragic, you may not necessarily have grounds for a wrongful death lawsuit. In order for a death to be considered wrongful death, it must include a few key caveats:
- Negligence: The other party in your wrongful death case must have been acting negligently or recklessly at the time of the incident. If the other party was acting with disregard for safety or intentionally caused harm to another person, it could be considered grounds for a wrongful death claim.
- Cause of Death: It must be clear that the other party’s negligence or recklessness directly caused the victim’s death.
- Damages: In order to qualify as a wrongful death, it must be shown that the surviving family members have experienced financial loss or emotional suffering because of the death. For example, a family who has incurred costly medical bills and suffered intangible losses like parental guidance and companionship will be able to pursue a wrongful death claim.
We strongly believe that families should not have to suffer emotional and financial strain after a loved one’s passing because of another person’s carelessness or neglect. At Fiedler Trial Lawyers, we offer devout legal representation to Denver families interested in pursuing a wrongful death lawsuit.
Our experienced team of wrongful death attorneys has handled a number of successful personal injury and wrongful death claims over the years, including a case where we reached a settlement of $2,000,000 in a medical malpractice case involving wrongful death.
In another case, we reached a settlement of $1,850,000 in a separate medical malpractice case, holding the hospital and doctors liable for wrongful death.
Medical malpractice is just one cause for a wrongful death lawsuit. Some of the most common reasons that a family member may pursue a wrongful death claim include:
Auto Accidents
Auto accidents are one of the leading causes of wrongful death claims in Colorado. Drivers who are distracted or recklessly drive under the influence pose a great risk to themselves and others on the road around them. Distracted driving is one of the primary causes of car accidents in Denver and the United States. Some common examples of distracted driving include:
- Texting while driving
- Eating while driving
- Using the radio or in-car entertainment
- Talking with passengers
Whether you lost a loved one in a car accident, truck accident, motorcycle accident, or pedestrian accident, our firm is available to help families claim compensation for their family member’s passing.
Medical Malpractice
Our firm has extensive experience successfully handling medical malpractice claims involving wrongful death. Medical malpractice can include any medical error that directly leads to your family member’s death. Some common examples of medical errors that result in wrongful death include:
- Misdiagnosis
- Delayed diagnosis
- Surgical errors
- Medication errors
- Birth injuries
These are just a few examples of medical errors that can lead to a medical malpractice and/or wrongful death claim in Denver. When healthcare workers fail to provide adequate care to their patients that results in death, the hospital and doctors may be held liable in a wrongful death claim.
Nursing Home Abuse and Neglect
We are proud to offer legal representation to families who have had their loved ones neglected or abused by trusted professionals in nursing homes or care facilities. Whether workers fail to provide them with medication or treat their illnesses, our team can help hold them accountable for neglect if your family member passes away under their care.
Workplace Accidents
Workplace fatalities are most common in high-risk industries such as construction or manufacturing. If an employee passes away while at work, whether from falling from a great height or because of a serious equipment malfunction, our firm can help their families file a wrongful death claim and seek damages for their passing. At Fiedler Trial Lawyers, we are proud to help Denver families recover compensation for their loved one’s untimely death. We understand the emotional and financial impact that a wrongful death can have on a family and we are here to help you get through these challenging times.
Defective Products
Consumers place their trust in businesses to provide them with safe and reliable products. When certain products malfunction, they can cause serious harm and possibly even lead to death. Some common examples of defective product liability claims that may involve wrongful death in Denver include:
- Automotive parts (defective air bags, faulty brakes)
- Dangerous toys for children
- Medical devices
- Appliances
Intentional Acts
When somebody takes deliberate action to harm another person and it results in their death, they can be held accountable. In addition to pursuing criminal charges, family members are also able to pursue wrongful death claims when somebody intentionally kills a loved one. Common examples of intentional acts that are seen in wrongful death claims include:
- Assault
- Battery
- Homicide
- Domestic violence
- Arson
- Hate crimes
- Child abuse
If you have lost a family member due to the negligence, carelessness, or intentional act of another person, our Denver team of attorneys is here to help you file a wrongful death lawsuit. We will stand with you every step of the way, from gathering evidence that will be crucial for strengthening your case to ensuring that you and your family receive the maximum compensation for your loss.
Who Can File a Wrongful Death Claim in Denver, Colorado?
In the state of Colorado, the right to file a wrongful death claim is reserved strictly for family members of the deceased. However, there are certain rules and requirements as to which family members can file a wrongful death claim first. The order of priority for filing a wrongful death lawsuit in Denver is as follows:
- Spouses: The surviving spouse of the deceased will have the exclusive right to file a wrongful death claim within the first year of their spouse’s passing, meaning they are the only family member who is eligible to pursue a claim within this timeframe. This right is reserved for current spouses and does not apply to former spouses.
- Children: After one full year since the passing of their parents, the children are then eligible to pursue a wrongful death lawsuit. During the second year, the spouse will also still be able to pursue a claim as well. Children and spouses can either choose to file the wrongful death claim jointly or separately. Legally adopted children also have the right to file a claim.
- Parents: If the deceased did not leave behind any surviving spouse or children, surviving parents would be able to file a wrongful death claim.
Stepchildren, as well as divorced spouses, will not be able to file a claim. In the state of Colorado, siblings and close friends are not allowed to file a wrongful death claim.
If you are a spouse, child, or parent of a family member who has suffered a wrongful death in Denver, our firm wants to hear from you. At Fiedler Trial Lawyers, our team specializes in guiding family members through the legal process of filing a wrongful death claim and ensuring that families receive the compensation that they deserve after the passing of their loved one. Trust the experts at Fiedler Trial Lawyers to handle your wrongful death case and protect your family’s financial future.
Determining Liability in a Wrongful Death Case
Our Denver team of attorneys works diligently with our clients to collect evidence that strengthens your case and ultimately works to maximize your compensation. By working with an experienced wrongful death attorney like those at Fiedler Trial Lawyers, you can confidently determine liability in your wrongful death case and hold the rightful party accountable for their negligence, recklessness, or intentional actions that resulted in your family member’s death.
In order to determine liability in your wrongful death claim, whether from a car accident or a surgical error, there are a few key elements that must be established:
- Duty of Care: It must be proven that the other party had a responsibility to act safely or in a manner that shows reasonable care for others. For example, if you lost a loved one in a car accident, the other party had a duty to drive safely and obey traffic laws. Doctors have a duty of care to provide adequate medical care to their patients.
- Breach of Duty: If, for example, a driver is driving under the influence or is speeding and behaving recklessly, it would be considered a breach of duty because of their failure to act in a safe and reasonable manner. Similarly, if a doctor fails to provide competent medical care and it results in the death of a patient, they have breached their duty of care and acted negligently in a way that harmed others.
- Causation: The defendant’s breach of duty must have directly caused the victim’s death. It must be proven that the victim would not have died if not for the defendant’s actions and that their death was a foreseeable consequence of their actions.
- Damages: As we mentioned earlier, the death must result in damages. Damages can include economic damages that compensate for financial losses or noneconomic damages that compensate for intangible losses and emotional suffering.
Our attorneys will work closely with you to investigate your case. Documentation like police reports, expert testimonies, and eyewitness statements will help strengthen your case. Our team will also work to gain physical evidence, such as surveillance footage in the case of an auto accident or workplace fatality, gathering all of the evidence necessary to help you secure the maximum compensation in your Denver wrongful death claim.
Different cases involving wrongful death may require different approaches when it comes to determining liability. Using our previous examples:
- Auto accidents: There are a number of different things that could cause a car or truck accident. Surveillance footage can help identify the responsible party. In some cases, a manufacturer may be held liable. For instance, if an airbag failed to deploy in a serious accident that resulted in a fatality, the manufacturer could be held liable in your wrongful death case.
- Medical malpractice: If you lost a loved one due to a medical error such as a misdiagnosis, surgical mistakes, or improper medical treatment, doctors, nurses, hospitals, and pharmaceutical companies could all be held liable.
- Workplace accidents: Depending on the cause of death, either your employer or an equipment manufacturer may be responsible. Whether a worker was exposed to unsafe working conditions or died in an accident with a piece of malfunctioning equipment, our attorneys are able to help identify a liable party for your loved one’s death.
- Defective Products: Similarly, manufacturers can be held accountable for defective products that cause the death of one of their consumers.
Our expert team of attorneys has a wealth of experience helping families in Denver determine liability for their loved one’s death. We have over 25 years of experience handling personal injury and wrongful death lawsuits and can help you and your family claim compensation that protects your financial future.
What Compensation is Available in a Wrongful Death Claim
The expert team at Fiedler Trial Lawyers is well-versed in helping Denver families recover the maximum compensation for their family member’s passing. In a wrongful death case, victims are able to seek both economic and noneconomic damages.
Economic damages are meant to compensate victim’s families for their financial losses after their loved one’s death. Examples of economic damages available in a Denver wrongful death claim include:
- Medical expenses: This includes any medical bills that your family member may have incurred before their passing. They may have received bills for hospital stays, surgeries, medications, long-term care, and more.
- Funeral costs: Our attorneys can help your family recover expenses for your loved one’s funeral and burial. This typically includes the cost of the service, cemetery plots, caskets, urns, memorial services, and more.
- Loss of income: When a family member passes, it can often put great financial strain on the rest of your family, especially if they were the main source of income. A skilled attorney will be able to help you recover damages for the lost wages that your loved one would have earned and contributed to your family. This may even include benefits such as health insurance, retirement contributions, and more.
- Loss of services: Loss of services refers to the services that the victim would have provided to their family had they been able. Whether this includes childcare, education, or caregiving, our team can help recover these losses.
- Property damage: Any personal property that was damaged or lost at the time of the incident that resulted in your loved one’s death can be recovered. For example, if your family member passed away in a car accident, you may be compensated for the value of the vehicle and any valuable belongings inside.
Some financial losses, like the cost of a lost vehicle or the price of childcare, can be calculated fairly easily. However, it is difficult to put a price on the emotional toll that the untimely passing of a family member may have on you and your family. Our firm can help you recover noneconomic damages such as:
- Loss of companionship: Many of us often lean on our spouses and loved ones for emotional support, guidance, and companionship. Our attorneys can help recover damages for the emotional impact that their loss has had on your life.
- Pain and suffering: You may be able to pursue compensation for your grief, mental distress, and depression that may result after a loved one’s death.
- Loss of enjoyment of life: Losing a loved one is an incredibly tragic process. However, it may be more difficult for some than others. If the loss of your loved one has caused you to lose enjoyment for life, you may be eligible for compensation.
Noneconomic damages are often overlooked, though they are incredibly significant when it comes to helping families recover from the loss of a loved one. If you have lost a spouse, parent, or child due to the negligence, carelessness, or intentional acts of another person, our team wants to hear from you. We have been helping Denver families recover damages in their wrongful death claims for years and we can make a serious difference in your case.
Contact Fiedler Trial Lawyers Today for Your Wrongful Death Claim
If you have lost a loved one in Denver and are considering pursuing a wrongful death claim, trust the attorneys at Fiedler Trial Lawyers to handle your case. Hiring a skilled wrongful death attorney can assist by securing your family’s financial future during difficult times. Do not hesitate to contact our firm for a free consultation and see how we can make a difference in your case.
Our attorneys have helped countless families pursue personal injury and wrongful death claims for over 25 years and are proud to serve those in Denver and its surrounding cities. We have helped clients recover millions and we can make a serious difference in your case. Come see why families have trusted Fiedler Trial Lawyers to handle their wrongful death lawsuits for years.
Our team will fight tirelessly to secure you the maximum compensation. If for any reason you are unable to come see us, we will come to you. We care about our clients and we take pride in offering compassionate and expert legal representation. We have an extensive history of winning results. We offer the resources of a big firm while giving you the personalized care and attention of a smaller one. We understand that your time and money matter, and that’s why you don’t pay any fees unless you recover.
Don’t just take our word for it. Check out our outstanding reviews and see why Denver families have trusted us with their wrongful death claims for decades. We are able to offer expert legal support for your wrongful death claim and assist in many other key areas of life as well. Our attorneys can help with claims involving:
- Car accidents
- Truck accidents
- Bicycle accidents
- DUI accidents
- Pedestrian accidents
- Insurance bad faith
- Nursing home abuse
- Medical malpractice
We can help you with these claims and many more. For more information about how Fiedler Trial Lawyers can make a serious impact in your case and secure you the maximum compensation, call us today or connect with us online and schedule your free consultation. Our team is available to answer any questions you may have and offer you a completely confidential, free, and detailed review of your case. We will work closely with you to understand your case and your needs and help you explore all of your legal options.
Our team is dedicated to helping families secure compensation that helps them move forward. Do not wait. Call Fiedler Trial Lawyers today for a legal partner that you can trust.
Frequently Asked Questions
Additional Information in Denver, Colorado
- Colorado HB17-1254 - Statute of Limitations for Wrongful Death Cases: Explains the changes made to Colorado's wrongful death statute of limitations, including specific provisions for cases involving murder, manslaughter, or vehicular homicide, extending the timeframe for filing certain claims.
- Colorado Civil Jury Instructions - Wrongful Death (Chapter 10): Provides detailed guidance on jury instructions for wrongful death cases in Colorado, including legal definitions, burden of proof, and damages. This resource is valuable for understanding how wrongful death cases are evaluated in court.
- National Safety Council - Deaths in Public Places: Provides an in-depth analysis of preventable deaths that occur in public spaces, including data trends and key safety recommendations to reduce risks.
More Frequently
Asked Questions
What to do after a car accident?
If you’ve been injured in an accident, there are several important steps you should take to protect your health and legal rights
- Dial 911 – Emergency Services. Get checked out by emergency responders, even if you think injuries are minor, you should always get evaluated. If the accident involved a motor vehicle, file a report with the police This documentation could be important later on.
- Document the Scene: If possible, take photos of the accident scene, your injuries, and any damage to vehicles or property. Collect contact information from witnesses and others involved in the accident READ MORE…
When involved in a personal injury claim, the process can be very intimidating. Many individuals facing this situation are often dealing with life-altering injuries, high medical bills, financial hardships and find themselves feeling very vulnerable.
Hiring a personal injury lawyer can be beneficial in a variety of situations, particularly when you have sustained significant injuries or damages due to someone else’s negligenceREAD MORE…
After being injured in an accident caused by someone else’s negligence, you may be wondering if you actually need to hire a personal injury lawyer. You would want to consult with an attorney, because in most cases, there will be an opposing party in your case that will be working against you. Choosing the right personal injury lawyer for your case is important to ensure you receive the best possible representation and outcome. Hiring a Denver Personal injury lawyer that specializes in that area of law is crucial, to ensure that you are getting proper representation, and your case is in good hands. Having an experienced lawyer like FIEDLER Trial Lawyers is helpful and provides powerful representation.
Here are some tips to help you choose the right lawyer:READ MORE…
The cost of hiring a personal injury lawyer can vary depending on the lawyer and the specifics of your case. However, personal injury lawyers work on a contingency fee basis, which means they only get paid if they win your case. Here’s how the contingency fee structure typically works and other potential costs to consider:
Contingency Fees: Percentage of Recovery: If the lawyer works on a contingency fee basis, they will take a percentage of the settlement or judgment amount you receive if you win your case. This percentage is typically around 33% to 40% but can vary depending on the lawyer and the jurisdiction.
No Win, No Fee: If you do not win your case, the lawyer will not charge you for legal fees. However, there may still be other costs you could be responsible for (discussed below).RAED MORE…
In a personal injury claim, you may be entitled to several types of compensation, also known as damages, to address the losses and injuries you’ve suffered due to someone else’s negligence or wrongdoing. The types of compensation typically fall into three main categories: economic, non-economic, and, in some cases, punitive damages. Here’s an overview of each:
Economic Damages: These damages are intended to compensate you for actual financial losses resulting from the injury:
Medical Expenses: Compensation for past, current, and future medical costs, including hospital bills, surgeries, medications, rehabilitation, and any other necessary medical treatment. READ MORE…
The value of a personal injury case can vary greatly depending on several factors unique to your situation. Since each case is different, there is no standard formula to calculate the exact value. However, here are some key factors that generally affect the worth of a personal injury case:
Severity of Injuries: The more serious and long-lasting your injuries, the higher the potential value of your case. This includes considering whether your injuries result in permanent disability or disfigurement.
Medical Expenses: Your case will take into account all medical expenses you have incurred, as well as future medical costs related to your injury.
Lost Wages and Earning Capacity: The case can include compensation for lost income due to time off work and any future loss of earning capacity if your injuries affect your ability to work.READ MORE…
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Kevin
10 months ago
This is the representation that you are looking for! Ken Fiedler hits every box; from punctuality to communication to professionalism. I couldn’t be more satisfied to have chosen Ken to solve this unfortunate problem of mine. He will do the same for you!
Franscheliz
a year ago
I want to take this opportunity to thank this team for everything they did for my family. James and Ken worked on my case with the dedication and tact that you need the most. They fought for my family like I was part of theirs and made me feel seen and heard. This is the type of law firm you want and…
Brandi
a year ago
Ken and his staff are top notch! Ken helped my son and I with our auto accident case. He always took the time to answer our questions or explain things in more detail if needed. Ken is honest, straightforward, and a pleasure to work with. I will always recommend Ken and his team and…
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