Denver Wrongful Death Attorneys
An unexpected death is unimaginable for any family, and negligent parties must be held responsible for the pain their actions have caused you and your family. Through a Denver wrongful death claim, you can hold the negligent party accountable, recover monetary compensation and get justice for the death of your loved one.
No dollar amount will bring a loved one back. It is challenging for families to bury their loved ones and figure out how to live without them. During that unfathomable process, your Denver wrongful death lawyer will be hard at work filing the legal documents necessary for your claim. While you grieve, we will work to hold these negligent parties responsible for their actions.
Wrongful death is the cause of someone’s negligent actions; sometimes, these actions are criminal. A Denver wrongful death claim is a civil action brought on by the surviving family against the negligent party. While it is similar to a personal injury claim, there are stark differences. You need a reliable and innovative Denver wrongful death lawyer to look at your case and develop a strategy to garner results.
The law firm of Varner Faddis Elite Legal has obtained many successful results for grieving families, including a wrongful death settlement for $750,000, which is uncommon due to the compensation caps in Colorado. While this is an example, it will not be the same in every case, and we can evaluate your case value if you contact us today.
Table of Contents
- Wrongful death statistics
- Causes of a wrongful death
- Who can file a claim?
- What compensation is available?
- How does a wrongful death lawyer help my case?
- Contact Varner Faddis Elite Legal, LLC today
Wrongful death statistics
There are many ways that a Denver wrongful death can occur. Traffic incidents account for 30,000 deaths annually, and medical malpractice accounts for 90,000. In 2021, there were 636 traffic fatalities, and the upward trend continues for 2022. Intentional acts of violence are the second leading cause of death.
Moreover, many of these violent acts happen in the workplace, which results in many different legal topics. Unintentional injuries were third in causing the death of Denver residents. There were only 12 workplace deaths not attributed to intentional violence in 2008. There are many other statistics, but these are a few examples to reiterate that a wrongful death can happen nearly anywhere for any reason.
Causes of a wrongful death
While it takes extreme negligence to cause the death of a person, it happens in more cases than you will expect.
Some of the most common incidents in Denver that result in a wrongful death are:
- Criminal acts
- Motor vehicle accidents
- Dangerous pharmaceuticals
- Defective products
- Medical malpractice
- Nursing home abuse
- Motorcycle accidents
- Commercial truck accidents
Each incident will have its hurdles. You need an attorney who knows the elements of these cases and wrongful death claims. There are two legal topics at work here, and you need a firm with creative solutions and experience to ensure to exhaust every compensation avenue available.
Who can file a claim?
While the deceased had many people who loved and cared for them, not everyone is eligible to file a wrongful death claim. There are also timeframes in which qualified parties can file these claims. Within the first year of the person’s passing, the spouse can file a claim.
During the second year, the spouse and children may file claims. The parents can file a lawsuit when the deceased was unmarried and did not have children. Additionally, a personal estate representative can file a survival action to recover damages for losses on behalf of the estate.
What compensation is available?
Specific amounts for wrongful death claims will vary in each case. However, two monetary compensation types are available to surviving families filing legal claims.
Economic damages get easily calculated since tangible documentation shows the cost of the losses incurred by the deceased from the incident.
- Funeral and burial expense
- The medical expenses incurred for the accident before their passing
- Lost wages and future earning
- Other financial losses the family suffers like health insurance benefits.
The second type of compensation a surviving family can seek is non-economic, which relates to unseen damages. These are often emotional or psychological, which are difficult to put a dollar amount on.
- Emotional stress
- Loss of assistance
- Loss of protection
- Loss of comfort
- Loss of care
- Loss of love
In cases of highly egregious actions, you can also seek punitive damages. The premise of these damages is to punish the defendant for their reckless, negligent actions and ensure they do not commit these actions in the future. These damages are challenging, and a Denver wrongful death lawyer must show that the defendant participated in wanton conduct to cause your loved one’s death. A perfect example of a case resulting in a punitive damage award is when a driver was extraordinarily drunk and caused a fatal accident where your loved one lost their life.
Insurance companies will take advantage of grieving families and try to settle as quickly as possible. Many families are unaware of the actual value of their case and will take a settlement offer. Another item of note is that Colorado has caps on the number of compensation families can obtain for a wrongful death claim.
The Colorado cap on damages at the time of this writing is $430,000, but exceptions exist. While that is the max, the state allows exceptions, and you will need to discuss the possibility of obtaining more money for your wrongful death claim with your innovative Denver wrongful death lawyer.
Who is liable for wrongful death?
Liability is critical in these cases. The deceased is not here to tell their side of the story, so the evidence must tell the story for them. The negligent party will try to shift the blame onto the deceased to relieve themselves of some or all responsibility. They will do this intentionally since the deceased is not here to describe what happened.
Hire our Denver wrongful death lawyers. The evidence and case must speak volumes to ensure the other party cannot reduce your claim. Families are shocked that a person who causes death is unwilling to accept responsibility for their actions. It is infuriating to know that one person’s split-second decision was the cause of you never seeing your loved one again.
Elements of a Colorado wrongful death claim
The primary hurdle of a wrongful death claim is to prove that another person was negligent in their actions that led to the death of a person. The death would not have happened except for the defendant’s reckless actions. It will be up to a Denver wrongful death lawyer to prove the key elements of these cases.
Your attorney must first prove that the negligent party owed the deceased a duty of care. For example, a doctor owes the patient a duty to prevent them from suffering further injury under their supervision. Next, your wrongful death attorney must show that the defendant breached the established duty. The doctor in the example did not act reasonably regarding patient care. Lastly, the breach must have directly caused the death of your loved one.
While these elements sound relatively simple, it will take a lot of hard work for your Denver wrongful death lawyer to collect all the evidence to show that each element is present in your case.
Filing a claim
For a successful claim, you need to move fast, even if you do not know whether you have a valid lawsuit. The first step is contacting a Denver wrongful death attorney to determine eligibility and gather evidence to build your case. Step one is to figure out eligibility.
When you enlist the help of a wrongful death lawyer in Denver, you know your eligibility status, and it also means you are not wasting the court’s time or yours.
During the initial consultation, your attorney will know your relationship with the deceased and whether they can file a claim on your behalf. Once you establish eligibility, the following item to tackle is negligence or deliberately wrongful act. For an accurate claim, your wrongful death lawyer in Denver must prove that a deliberate or negligent wrongful act led to your loved one’s death.
The rest of the claim process will involve these steps:
- Submitting a notice to the defendant: During this phase, your attorney will gather evidence, information, and insurance information. The purpose of the legal notice is to inform the negligent party that you are taking legal action against them.
- Negotiation: When there is sufficient evidence, negotiations between your Denver personal injury attorney and the insurance company can begin. Most cases will settle during this phase, but it is best to always prepare for trial. In contentious issues, your Denver wrongful death lawyer can request mediation.
- Discovery and pre-trial: When a case does not settle during the pre-litigation phase, then litigation will commence. Your lawyer will need to begin discovery, where both attorneys will request information and documents from each other. A judge will also be involved through this process and ensure that the case is moving without stagnation.
- Trial: After much preparation, it is time for trial. Both lawyers will present their evidence, call witnesses and allow a judge or jury to make the final determination.
- Settlement: Whether you can reach a settlement offer during the pre-litigation or the litigation phase, that is the finality of your claim.
A wrongful death case can settle during negotiation, mediation, or trial. Some cases will not go through all these steps, and you can obtain a settlement offer during any step in the process. You will receive payment after a settlement offer is agreed upon by you and the negligent party. Several other complexities can delay compensation, which your attorney will address if they are critical to your case.
How does a wrongful death lawyer help my case?
When an entity is negligent in its actions resulting in death, it will rush to secure legal representation to deny the allegation and shift the blame. The negligent party does not want to admit to what they did, and their insurance company or attorney will do anything in their power to deny or lower your claim. A Denver wrongful death lawyer will work tirelessly to avoid this from happening. We will level the playing field and fight for your rights to compensation.
Determining how much compensation you can receive through a wrongful death claim is challenging. A Denver wrongful death lawyer will need to work with financial experts and other key witnesses to determine how much compensation you can obtain. Some damages will be easy to calculate, while the unseen ones will require extensive research and knowledge.
Contact Varner Faddis Elite Legal, LLC today
At Varner Faddis Elite Legal, LLC, we will be here through every step of the process. Our wrongful death attorneys in Denver understand that it is difficult for you and your family. We can remove the legal burden. Grieving families are often baffled by what steps they need to take next and will end up not getting the justice their loved one deserves.
We will thoroughly investigate the incident that caused the death and uncover any evidence showing liability. There can be third-party claims relevant to your incident, and we must do everything to find the truth.
We can also work with financial experts to calculate your expected losses and paint a clear picture of your damages. You never need to worry about the insurance company harassing you while planning a funeral. Varner Faddis Elite Legal, LLC will handle all communications between parties.
Our firm implements cutting-edge technology and offers outcome-based solutions personalized to your needs. We use innovative case management technology and can come to you if you are in the hospital or unable to leave your home. You will have timely and personal access to your lawyer, which is something other law firms do not provide.
Varner Faddis Elite Legal works on a contingency fee basis, so you do not pay unless we win your case. When you need innovative legal representation, contact the Denver wrongful death lawyer from Varner Faddis Elite Legal, LLC at (720) 770-8335.
6025 South Quebec St.
Centennial, CO 80111
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“Eric took my case about a month before I had to go to trial. He showed up and showed out! His preparation for the case was phenomenal! He didn’t forget to study anything. He is the only lawyer I have ever met who actually cares about his clients, they are not just a paycheck to him. He will give you his all!
– Anonymous, Criminal Defense Client