Boulder Wrongful Death Lawyer

The grief and pain of losing a loved one can feel much worse when a family member passed away because of someone’s negligent or wrongful acts. The law allows you and your family to recover compensation from those responsible for your loved one’s passing through a wrongful death claim. A Boulder wrongful death lawyer can help you recover some measure of justice for your loved one.

At The Wilhite Law Firm, we believe that you should not have to shoulder the financial consequences of your loved one’s passing at the hands of others. Although we understand no amount of money can replace your loved one, we will fight to ensure that their death does not negatively impact your family’s financial stability and to hold those at fault for your loved one’s death accountable for their actions.

Reach out to The Wilhite Law Firm for a free initial case review to learn more about what a Boulder wrongful death lawyer from our firm can do to help your family recover financial compensation after the devastating loss of your loved one.

What Is a Wrongful Death Claim?

A wrongful death claim is a type of legal action in which the surviving heirs and dependents of a deceased individual can recover financial compensation for the economic and emotional losses they suffered because of their family member’s death. It is a civil claim and is distinct from any criminal charges filed regarding the matter.

What Kinds of Accidents Can Give Rise to a Wrongful Death Claim?

Many kinds of accidents that would normally lead to a personal injury claim can also give rise to a wrongful death case when the accident victim passes away from their injuries. At The Wilhite Law Firm, we represent families who have lost loved ones in accidents such as:

If your family has a loved one whose death was caused by an accident, let our firm help you pursue the financial compensation and justice you deserve. The Wilhite Firm has some of the best personal injury attorneys in Boulder.

What Must Be Proven to Win a Wrongful Death Lawsuit?

Most wrongful death claims are based on the legal theory of negligence. Therefore, you must provide the same type of evidence that would be required in a personal injury claim and that the death was caused by the accident. This will primarily center upon proving the defendant’s careless actions and their link to your loved one’s death.

What Financial Recovery is Available in a Wrongful Death Claim?

A financial award in a wrongful death case can include compensation for:

• Your loved one’s funeral and burial expenses
• The loss of your loved one’s income and financial contribution to the family, including the loss of the growth of their assets and estate if they had lived
• Value of the household services performed by your loved one
• Loss of consortium
• Loss of your loved one’s companionship, society, affection, care, and guidance
• Emotional pain and distress that you and your family experience at the loss of your loved one

Financial recovery in a Colorado wrongful death claim is also subject to a statutory cap on non-economic losses, such as emotional pain, grief, and loss of companionship. When enacted, the statute limited recovery for non-economic losses to $250,000. However, this cap increases every two years according to inflation, and today it exceeds $500,000.

Who May Bring a Wrongful Death Lawsuit in Colorado?

Although a family member’s passing can affect the whole family, only certain relatives are entitled to file a wrongful death claim under Colorado law. In the first year after a decedent’s death, only the surviving spouse may file a wrongful death case. If the decedent had no surviving spouse, the claim may be filed by their surviving children or a designated beneficiary.

After the first year following a decedent’s death, a wrongful death claim may be brought by:

• A surviving spouse
• Surviving children
• An eligible designated beneficiary

When any of these individuals file a wrongful death lawsuit, all other eligible individuals may join the suit within 90 days of its filing.

Finally, if a decedent left no surviving spouse, children, or designated beneficiary, the wrongful death claim may be brought by the decedent’s surviving parent or parents.

Only the above individuals have a right to compensation recovered from a wrongful death lawsuit in Colorado.

How Long Do You Have to File a Wrongful Death Lawsuit in Colorado?

Under Colorado’s statute of limitation on wrongful death claims, you and your family typically have two years from the date of your loved one’s passing to file a lawsuit against the party or parties responsible for their death. However, if your loved one’s death occurred because of a hit-and-run motor vehicle accident, your family may have as long as four years to file suit.

If you file a lawsuit after the statute of limitations expires on your claim, the court will be barred from hearing your case and your family will have lost the opportunity to hold the at-fault party accountable. Contact our Boulder car accident lawyer today.

How a Boulder Wrongful Death Lawyer Can Help

Pursuing a wrongful death claim can quickly become a complex, time-consuming process. Preparing and filing a wrongful death claim can also be difficult and painful for you and your family while you are still grieving and emotionally recovering from your loved one’s passing. Let a Boulder wrongful death lawyer at The Wilhite Law Firm handle the legal legwork for you. Our firm can assist you by:

• Investigating the facts and circumstances of the accident that caused your loved one’s death
• Gathering documentation to calculate your family’s losses so we know what kind of compensation to pursue for you
• Keeping you updated on the progress of your case and answering your questions as they arise
• Identifying the liable parties and potential sources of compensation in your case, including insurance coverage
• Working with expert witnesses when needed to help us argue the other side’s liability or to show the losses that you and your family have incurred
• Filing your claims with the insurance companies and at-fault parties to begin aggressively pursuing maximum compensation for your family through a settlement, if possible
• Litigating your family’s claim in court when going to trial becomes necessary to demand accountability for your loved one’s death

Contact Our Boulder Wrongful Death Law Offices

Contact Us to Talk to an Experienced Boulder Wrongful Death Attorney

Don’t wait until it is too late to pursue justice if you’ve lost a loved one due to someone else’s negligence or an intentional act. Contact The Wilhite Law Firm for a free, no-obligation consultation with a knowledgeable Boulder wrongful death attorney today.