Seeking Justice with Compassion: Navigating Wrongful Death Claims

Losing a loved one is an unimaginable tragedy, and the pain is deepened when the loss is due to someone else's wrongdoing. During such a difficult time, navigating the complexities of wrongful death law can feel overwhelming. At Western Slope Law, we make the process easier and the settlement larger. We understand the sensitivity of these moments and are here to guide you through every step with compassion and expertise. Our dedicated team in Western Colorado is committed to helping you find justice, compensation, and peace.

Understanding Wrongful Death Law

Wrongful death law allows certain family members of the deceased to file a lawsuit against the party or parties responsible for the death. These laws aim to provide compensation for the survivors' loss, covering aspects such as funeral expenses, lost wages, and loss of companionship. Here are the key points to consider:

Who Can File a Wrongful Death Claim?

Typically, the immediate family members—spouses, children, or the parents of unmarried children—can file a wrongful death claim. Wrongful death claims are generally brought by one surviving family member (such as a spouse) as the representative of all persons entitled to make the wrongful death claim (such as the decedent's children). The specifics can vary from state to state, making it crucial to consult with a knowledgeable wrongful death lawyer in your area.

Under What Circumstances Can I Bring A Wrongful Death Claim?

Whenever somebody dies as a result of the negligence or intentional conduct of an individual or corporation, a wrongful death claim is typically available. For example, a wrongful death claim can arise when an individual is killed by the criminal or intentional acts of another. They can arise from medical malpractice; car accident fatalities; defective vehicles, products, or medical devices; work-related or construction accidents; bicycle accidents; motorcycle accidents; four-wheeler or UTV accidents; pool accidents or drownings; boating or watercraft accidents; and premises liability accidents resulting from dangerous conditions on public or private property.

Statute of Limitations For Wrongful Death Claims:
There is a limited time frame, known as the statute of limitations, within which you must file a wrongful death lawsuit. In Colorado, this period is generally two years from the date of death, but exceptions can apply based on the case's circumstances and the damages at issue.

How Is A Wrongful Death Claim Proven?
Generally speaking, the surviving family members entitled to bring a wrongful death claim have to prove four elements to prevail on a wrongful death claim: (1) The death was the result of the defendant's careless or reckless conduct; (2) the defendant breached the applicable duty of care—such as the duty to operate a vehicle in a safe and reasonable manner; (3) the defendant's conduct was a cause of the decedent's death or foreseeably led to it; and (4) the decedent and/or his or her surviving family members suffered damages as a result of the death.

What If The Decedent Was Negligent Too?
From time to time, wrongful death claims involve negligence by multiple parties. There are times, for example, where a defendant and the decedent may both be at fault. In these circumstances, it's crucially important to speak with an experienced wrongful death attorney. Colorado, for example, has adopted a modified comparative fault statute. This means many parties can be at fault for a wrongful death—including the decedent—while still allowing for a recovery by surviving family members so long as the decedent was not more than 51% at fault for the death. This scenario can arise with some regularity in wrongful death cases resulting from automobile accidents. Another driver may be primarily responsible for the death (say by running a red light) but the decedent may also be partially to blame (if they were speeding, for example). We've successfully handled wrongful death claims involving multiple at-fault parties and/or concerns about the decedent's contributory fault. In many cases we've been able to minimize the decedent's contributory fault—and in some cases we've been able to eliminate it entirely. In short, a decedent's alleged fault often isn't a barrier to a wrongful death claim and recovery by family members. If you have concerns about whether you can pursue a wrongful death claim in light of the negligence of multiple parties or the alleged contributory fault of the decent, call us before you decide not to pursue the claim. We can often address these concerns, and if we can't, we'll tell you up front.

Types of Damages:
Wrongful death cases can result in some of the largest settlements and verdicts in Colorado. Compensation in wrongful death cases may include economic damages like medical bills, car repairs, past and future loss of earnings of the deceased, and funeral expenses. Surviving family members can also recover non-economic damages such as emotional distress, loss of companionship, and loss of consortium. In certain cases, family members can also recover punitive damages (also known as exemplary damages) if the death was attended by circumstances of gross negligence or willful and wanton conduct. Punitive damages are intended to punish the wrongdoer, serve as an example to others, and prevent future misconduct. By law, punitive damages in Colorado cannot be requested in an initial complaint. Rather, a party must seek the court's permission for leave to assert a request for punitive damages and present evidence from which a reasonable person could conclude that the death was attended by circumstances of fraud, malice, or willful and wanton conduct. This can be extremely challenging for an individual or an inexperienced lawyer. At Western Slope Law, we've obtained permission to seek punitive damages in many cases, and we've also obtained punitive damages awards at trial. If such conduct exists in your case, we will do whatever we can to unearth it, prove it, and hold the responsible parties accountable.

Proving Wrongful Death:
To succeed in a wrongful death claim, you must prove that the death was caused in whole or in part by another's negligence or intentional conduct. This requires a thorough investigation, collection of evidence, and often expert testimony—areas where an experienced wrongful death lawyer can be invaluable. In addition, the nature and extent of damages requires an extensive work-up by a skillful lawyer. This includes ascertaining the true amount of the deceased's medical bills, together with the the lost earnings he or she would have provided to family members in the future. It also includes tracking down necessary witnesses and securing testimony regarding the deceased's personality and work ethic, what they were like as a friend and family member, and other evidence to paint a picture of what the deceased was actually like. Rest assured, at Western Slope Law, we leave no stone unturned. We investigate all of of these things, and we hire the appropriate liability and damages experts when needed to maximize the value of the claim. We limit the number of cases we take so that we can give your case the attention it needs to secure the highest settlement.

Why Choose Western Slope Law for Your Wrongful Death Claim?

Empathy and Understanding:
At Western Slope Law, we prioritize your emotional well-being while handling your case with the utmost sensitivity and professionalism. We understand the importance of listening and providing support throughout this challenging time. Not only have we handled many wrongful death cases leading to the recovery of tens of millions of dollars for our clients with wrongful death claims—we've also been in your shoes. The Founder and Principal Attorney of Western Slope Law, Nelson Waneka, lost his four-year-old daughter in 2018 and understands precisely what you're going through.

Peace of Mind:
With a profound understanding of wrongful death law in Western Colorado, our lawyers possess the expertise and resources to build a strong case on your behalf, ensuring you receive the compensation you deserve. There are many pitfalls that individuals or inexperienced lawyers can face when handling a wrongful death claim. Many steps must be taken to ensure that evidence is preserved, liability is established, and damages are maximized. There are also a number of deadlines that must be met which can be traps for the unwary. We will investigate your claim with myopic detail, hire experts like engineers to establish the at-fault party's liability, we will also gather the deceased's medical records, unearth any insurance policies that are potentially triggered, present a comprehensive demand to any responsible insurance carriers, and ensure that the damages claimed by the surviving family members are discovered, pursued, maximized, and documented by evidence. Because we've handled a large number of wrongful death claims with great success, we know what to look for, how to get it, and which experts will be the best fit for your case.

Dedicated to Your Case:
We commit to two things: you and your case. If you want to talk about your case at any time, we're here for you. We will explain your legal rights, how the process works, and what needs to be done and when. We will handle every aspect of the case with skill and attention so that you don't have to. Our goal is to lift the legal burden from your shoulders, allowing you to focus on healing. In addition to being there for you and your family, we will put all of our skills and abilities to work to secure a life-changing settlement or verdict for you and your family. We want negligent parties held accountable, and we want you and your family to be financially secure for life.

We Aim to be the Best, and We Have the Results to Back It Up:
Every day we come to the office with the goal of being the best we can be. We have an unwavering commitment to our craft, the results to prove it, and industry recognition that you won't find anywhere else on the Western Slope. We're the lawyer that other lawyer's hire when the stakes are high. We've handled wrongful death cases that settled for millions of dollars each—some exceeding $10,000,000. The result? Accountability for wrongdoers, changed business practices for corporations, and life-changing compensation for the decedent's surviving family members. We take fewer cases, work them up with everything we've got, and settle them for more. Plus, we do it all while being on a first-name basis with you.

Navigating the Path Forward

The loss of a loved one leaves a void that can never be filled. We know this all too well. While no amount of compensation can bring back your loved one, pursuing a wrongful death claim can provide a sense of justice and financial stability. At Western Slope Law, we are here to guide you through this complex legal process with compassion, dignity, grit, expertise, and an unyielding commitment to you and your case.

If you are searching for "wrongful death lawyers near me" in Western Colorado, look no further than Western Slope Law. Contact us today for a free consultation to learn more about how we can help you seek justice for your loved one.