No pain can rival that of losing a loved one – especially when their passing was the result of someone else’s negligence.
In Denver, wrongful death cases aim to provide justice and compensation to the families of those who have died due to another’s wrongful actions. Proving negligence is typically the cornerstone of wrongful death cases, and to do that, you’ll need to understand the process of proving liability.
Our Colorado law firm has helped countless family members achieve favorable legal outcomes after tragic losses. Although we can’t reverse an accident or bring your loved one back, we can help you establish negligence and file a wrongful death claim.
Let’s discuss the specifics.
Understanding Wrongful Death Claims in Colorado
A wrongful death claim arises when one person’s negligence or misconduct results in the death of another. These claims are typically filed by the surviving family members or designated representatives of the deceased. Under Colorado law, only certain individuals are eligible to file a wrongful death claim, including the spouse, children, and, in some cases, the parents of the deceased. There are many ways in which wrongful deaths can occur. Most commonly, our firm works with incidents involving…
- Car, truck, & motorcycle accidents
- Workplace accidents
- Criminal acts
- Pedestrian & bicyclist accidents
- Drunk driving
- Slips and falls
In a Colorado wrongful death lawsuit, compensation may be awarded for economic damages, such as medical expenses, lost wages, and funeral costs. Additionally, the families of the deceased may be entitled to payment for non-economic damages, including their pain and suffering and loss of companionship.
Compensation Possibilities
We are fully aware that no dollar number can make you whole or end your grief. However, financial compensation can help shoulder some of the burden from a range of damages, including those we just listed above.
Just recently (June 2024), the Colorado government increased the cap on some non-economic damages. Starting in 2025, certain non-economic losses in wrongful death actions may be worth up to $2,125,000 (compared to the previous cap of $679,990).
All this to say, both the Colorado government and our firm understand the immense impact of both economic and non-economic damages after a wrongful death. Our goal is to ensure you and your family can begin the road to recovery and healing with the compensation you’re entitled to after such a grievous loss.
The Four Elements of Negligence in Wrongful Death Cases
To hold someone legally accountable for a loved one’s death, you must be able to establish four key elements that indicate true negligence on their part. These include:
(1) Duty of Care
This refers to the legal obligation one person has to avoid causing harm to another. In wrongful death cases, proving a duty of care involves demonstrating that the defendant had a responsibility to act in a certain way toward the deceased.
For example, doctors have a duty of care to their patients, and drivers have a duty to operate their vehicles safely. If these professionals shirk their duty or make a mistake that results in a death, they may be held negligent in the eyes of the law.
(2) Breach of Duty
A breach occurs when the defendant fails to meet their duty of care. This could involve actions taken (acts of commission) or actions not taken (acts of omission).
For instance, a driver who runs a red light and causes a fatal accident has breached their duty to follow traffic laws. This could be viewed as negligence on their part, contributing to a strong wrongful death case.
Just recently in 2022, a firefighter in Colorado Springs accidentally drove over and killed a 76-year-old woman while responding to a fire. Although he was doing his duty to respond to the fire quickly, he failed in his duty to protect others on the road. As a result, $160,000 in compensation was awarded to the victim’s daughter in 2024.
(3) Causation
It is not enough to prove that a duty was breached; it must also be shown that the breach directly caused the death. This involves establishing both the direct cause of death and the proximate cause (the foreseeable result of the breach).
Sound complicated? Here’s an example: if a doctor fails to diagnose a treatable condition that subsequently leads to death, their negligence could be seen as the proximate cause, even if they didn’t directly cause the person’s death.
(4) Damages
Finally, it must be demonstrated that the death resulted in damages that the court can address through compensation. This could include medical bills incurred before death, funeral expenses, lost wages, and the emotional impact on the family.
Crucial Evidence to Support the Negligence Claim
Although those four key elements of wrongful death case are critical, you’ll need hard proof to support your negligence claim. Various types of evidence can be instrumental in wrongful death cases, including…
Medical Records and Autopsy Reports
Medical records and autopsy reports are essential in wrongful death cases. These detail the cause of death and can therefore link it to the defendant’s actions by showing the sequence of medical events leading up to the death, highlighting any lapses in care or treatment.
Eyewitness Testimonies
We work diligently to obtain eyewitness testimonies whenever possible for our clients. These offer firsthand accounts of the events leading to the death, providing critical context and supporting the claim of negligence.
Witnesses can describe the circumstances surrounding the incident, including actions or behaviors that contributed to the fatal outcome. Their statements can also corroborate other evidence and help establish a clear narrative of how negligence occurred.
Expert Witnesses
Expert witnesses, such as medical professionals or accident reconstructionists, provide specialized knowledge that helps establish the breach of duty and causation. Their testimonies can clarify complex medical issues or technical details crucial for understanding the defendant’s negligence.
Documentation and Physical Evidence
Beyond medical records and autopsy reports, other forms of documentation and evidence can help build your case, including photographs, videos, and police reports. This type of evidence can capture the scene of the incident, show hazardous conditions, or document the immediate aftermath.
When you can visually and factually substantiate the claim of negligence, you have a much stronger chance of building an impenetrable wrongful death case in Colorado.
The Role of an Attorney in Proving Negligence
If gathering all of that evidence and paperwork sounds complicated, a personal injury attorney can help you through the headaches. These cases can be incredibly complex and emotionally draining, and families often need legal support to build their cases.
An experienced wrongful death attorney doesn’t just argue cases in court. They also help with details such as organizing records, interviewing witnesses, and checking state laws to ensure your case complies with the proper regulations.
Your Denver attorney will also develop a legal strategy for presenting evidence and arguments, whether in court or during settlement negotiations. They will counter any defense strategies aimed at minimizing or denying liability, ensuring your case is as strong as possible.
Common Challenges in Proving Negligence in Wrongful Deaths
Even with the help of a trusted Denver legal team, several challenges can arise when proving negligence in a wrongful death case. Let’s look at a few of them:
Comparative Negligence
In short, this is when the defendant may argue that the deceased was partially at fault for their own death.
A longer explanation is that Colorado follows a modified comparative negligence rule. This means that if the deceased is found to be more than 50% at fault, the claim could be denied. However, if the deceased is less than 50% at fault, the compensation may be reduced proportionally.
Example: Imagine a wrongful death case involving a car accident. A pedestrian was crossing the street outside of a crosswalk in downtown Denver when a driver, who was speeding, struck and killed them.
In such a case, it may be determined that while the driver was speeding and thus breached their duty of care, the pedestrian was also partially at fault for not using the crosswalk.
As a result, if the total damages were $100,000, the family might receive $75,000 (75% of the damages), reflecting the driver’s share of responsibility.
Lack of Direct Evidence
Subpar or missing evidence can pose significant challenges in a wrongful death case for several reasons.
First, it makes it difficult to establish a clear link between the defendant’s actions and the death. Secondly, it forces the case to rely heavily on circumstantial evidence, which leaves room for false interpretation.
Additionally, a lack of evidence can actually become a strength for the defendant’s case, supporting their claim that they were not negligent or directly responsible for the death.
The bottom line: the more evidence you have for a wrongful death case, the better. Working with a Denver attorney can help you unearth as much proof as possible, bolstering your case and diminishing the defendant’s claims.
Statute of Limitations for Wrongful Death Claims in Colorado
How long do you have to file a wrongful death lawsuit in Denver?
In Colorado, the statute of limitations for wrongful death claims is generally two years from the date of death. However, there are exceptions to this rule, such as cases involving government entities or certain circumstances that may toll (pause) the statute of limitations.
Regardless of your loved one’s circumstances, acting promptly is always the best way to preserve evidence and secure witness testimonies while they are still fresh. The sooner you contact a law firm to get the ball rolling, the better.
Steps to Take After a Wrongful Death to Strengthen Your Case
We get it: there’s a lot to think about when it comes to wrongful death, and your to-do list can feel insurmountable at times. That’s why we’re here to simplify things and make the process easier.
If you believe a loved one’s death was due to negligence, here are four clear, straightforward steps we want you to take, starting today:
- Contact a wrongful death attorney as soon as possible to discuss your case and begin the legal process.
- Gather initial evidence, such as medical records and witness information, and preserve any physical evidence.
- Preserve communication records and avoid discussing the case with insurance companies without legal representation.
- Maintain a journal documenting the impact of the loss on your family, which can help support claims for non-economic damages.
In Summary
Proving negligence is no walk in the park, regardless of how clear-cut a case might seem. You need a great deal of evidence and strategy to hold at-fault parties accountable for their mistakes, reckless, and wrongful behaviors.
The bottom line is that wrongful death claims are complicated, and to pursue justice, you’ll need a capable legal team on your side through the entire process.
Seek Guidance From Our Denver Wrongful Death Attorneys
The compassionate and experienced attorneys at Manning Herington are here to help. We might not be able to heal your pain, but we can support you on the path to justice and fair compensation for your suffering.
Contact us today for a free consultation to discuss your loved one’s wrongful death in Denver and explore all your available legal options. You’re not alone in this.
