Life can change in an instant — whether it be a car accident on I-25 in Denver or a slip and fall on a winter sidewalk. When an accident involves a wrongful death due to negligence and legal responsibility, a personal injury attorney with experience in wrongful death cases will prove to be a valuable and trusted asset. Arckey & Steele is a civil law firm located in Colorado that has more than 30 years of experience litigating cases in state and federal courtrooms. We are dedicated to providing you with a personalized legal strategy and compassionate support in your case to help you recover compensation for the wrongful death of your loved one.
There are many personal injury and wrongful death law firms in Colorado and across the country that are “settlement mills” and are only focused on quick settlements and quick checks. Arckey & Steele takes a boutique approach to our clients, striving to provide each and every one with dedicated legal resources and a personalized strategy to secure maximum compensation after a tragic and traumatic accident.
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A wrongful death claim is legal action taken when an accident, slip and fall, dog bite, or injury that is caused by negligence results in the death of the victim. Family members of the deceased in a wrongful death claim will have the opportunity to file a wrongful death claim to recover economic and non-economic damages from the responsible party and their insurance company. We hope that this overview of wrongful death claims in Denver, CO will serve as a resource for you when you are faced with a traumatic event.
When you pursue damages and compensation for the death of a loved one, it is important that you have an experienced and dedicated attorney in your corner. Arckey & Steele prioritizes your best interests and the best outcome for your cases over quick settlements and payment. We understand that in any personal injury or wrongful death claim, insurance companies will use quick settlement offers to take advantage of the victim’s family in an effort to pay less compensation, but we will work hand in hand with you and your family to protect your rights and achieve a positive outcome in your case.
Representation for Wrongful Death Claims in Colorado
Types of Denver Wrongful Death Claims We Handle
Accidents can happen in a variety of ways, from car accidents to workplace accidents, and no matter what type of accident is involved in your wrongful death claim, we will provide you with a legal strategy tailored to your case.
Car Accidents
There are an estimated 94,000-115,000 car accidents in Colorado each year and an estimated 700 accidents result in the death of someone involved. This is primary type of wrongful death claims in Colorado and can involve cars, trucks, and SUVs, commercial truck accidents, motorcycle accidents, bicycle accidents, and pedestrian accidents. The Arckey & Steele legal team will analyze evidence from the accident and help you recover the compensation you deserve.
Medical Malpractice Claims
Medical malpractice is a type of wrongful death claim that involves a healthcare professional that has failed to meet an acceptable standard of care. The primary causes of wrongful death that involve medical malpractice include surgical errors that lead to anesthesia overdoses or infection, misdiagnosis of dangerous health conditions, and medication mistakes where a patient is given the wrong medication or dose of medication.
Premises Liability Claims
Was your loved one involved in a tragic accident on someone else’s property that resulted in their death? This may fall under premises liability law. Property owners have a legal responsibility to keep their property and those on their property safe. When a wrongful death occurs on public, private, or commercial property that involves negligent security, catastrophic slips and falls, or other criteria, families may have grounds for an unsafe property claim.
Workplace and Construction Accidents
Factories and construction sites are dangerous places — and the construction industry is responsible for an estimated 20% of wrongful deaths in the workplace in the United States. Workplace wrongful death claims can include equipment errors and malfunctions, being struck by heavy material or machinery, falls from height, and electrocutions. These types of claims may also involve third-party claims against subcontractors or equipment manufacturers.
Product Liability Claims
When a product fails due to poor manufacturing practices or a poor design and it leads to serious injury or death, victims and their families may have grounds for a product liability claim. Key examples of products that can fail and cause catastrophic injury or death include bad brakes, bad vehicle airbags, poorly manufactured tires, dangerous medications, and malfunctioning appliances that can cause injury or a fire.
Outdoor Lifestyle Accidents
The outdoor culture is strong in Colorado with skiing, snowboarding, boating, and rafting being popular outdoor activities. These activities can involve dangerous conditions, and when a responsible party is negligent, it can turn adrenaline-fueled thrills on the ski hill into a tragic and deadly accident in an instant. Examples of outdoor lifestyle accidents that could be part of a wrongful death claim include ski lift accidents or equipment failure on a guided river trip.
What to Do if You Are Involved in a Wrongful Death Claim
Critical Steps to Take After an Accident Leads to a Wrongful Death in Denver
When you are involved in a car accident, it can be overwhelming — but when an accident involves a wrongful death, the accident can be even more traumatic for family members who are left with immense grief and a mountain of medical and funeral expenses. When negligence in an accident or incident results in a wrongful death, the surviving spouse, designated beneficiaries, heirs, or parents can file a claim to recover damages. This list of critical steps will help you navigate the legal process after the death of a loved one.
1File a Police Report
When an accident of any kind results in a death, it must be reported to law enforcement immediately after the accident for investigation. This is a critical point of emphasis in a wrongful death lawsuit. The police report and investigation that follows will serve as the foundational piece of evidence for your claim with officer observations, liability determinations, and more. When you make the decision to file a wrongful death suit, it is important you get the Accident Report Case Number and request the full report from the proper office.
2Preserve Any and All Evidence
The preservation of any and all evidence related to the accident is critical to your lawsuit. Road damage is repaired and weather can impact evidence on a scene. It is important that you and your legal team obtain and preserve as much evidence as possible including photos of vehicles, road conditions, traffic signals, damaged equipment, warning signs, and any material evidence relevant to the accident. Third-party video provided by HALO cameras at busy Denver intersections and security cameras at local businesses near the accident can be vital to your case and your attorney can submit a “spoliation letter” to ensure footage is not deleted.
3Track Any and All Expenses Related to the Accident
Your compensation in a wrongful death claim is tied in part to the financial bills and expenses that are a result of the death of a loved one. It is critical that you track these expenses — medical bills, emergency room costs, funeral costs, loss of future earnings and benefits, and more — so you can seek compensation and get some relief from the financial burden tied to a tragic accident.
4Speak With a Wrongful Death Lawyer
The death of a loved one in a tragic accident that could have been prevented is traumatic and emotional — making the legal process even more overwhelming. An experienced wrongful death attorney can help you navigate the ins and outs of the legal process while you grieve, serving as a negotiator with insurance adjusters, helping you obtain the evidence for your case, helping you remain aware of legal timelines, and providing compassionate legal support in a difficult time.
Maximize your recovery
Compensation for Wrongful Death Claims in Denver
No amount of money will ever replace someone you love — but it can provide financial support and stability for family members who are left to pick up the pieces. The compensation in a wrongful death case is intended to provide families with financial stability after a tragic event and hold negligent parties accountable for their actions. This compensation is divided into two primary categories — economic damages and non-economic damages.
Economic DamagesThe economic damages in a wrongful death claim are intended to compensate family members for the direct financial impact this incident has had on the family. Economic damages can include the financial costs related to a loss of financial support like wages or commissions that had been earned, a loss of benefits like employer-sponsored insurance, medical bills, funeral and burial costs, and a loss of household services that may include the childcare that individual provided. There is no cap to economic damages in a wrongful death case.
Non-Economic DamagesWhen you lose someone you love in a tragic accident, it will take an emotional toll on you and your family and that intangible loss is defined as non-economic damages. The non-economic damages in a wrongful death claim can provide financial compensation for your grief and sorrow, emotional stress, trauma, or the loss of a companion. Non-economic damages are capped at $2.125 million in most cases. Medical malpractice cases have a non-economic damage cap of $810,000.
Punitive DamagesDid the death of your loved one involve criminal activity? You may be entitled to punitive damages if the defendant acted with “fraud, malice, or willful and wanton conduct”. A primary example is a drunk driver who gets behind the wheel and causes a fatal accident. These damages are intended to hold the defendant accountable for their actions and punitive damages cannot exceed the total amount of economic and non-economic damages already awarded.
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How Long Do You Have to File a Wrongful Death Claim in Colorado?
Most personal injury cases that involve negligence and a wrongful death have a two year statute of limitations for you to file a lawsuit. Motor vehicle accidents that result in a death have a three year statute of limitations, and cases that involve vehicular homicide or a fatal hit-and-run provide families with four years to file a lawsuit. Wrongful death lawsuits include a “One Year” Priority Rule that determines who can file a claim during set periods after the accident. Within the first year, the surviving spouse has the right to file a claim, and in the second year, the deceased’s spouse, heirs, and dependents can file a case. If there is no spouse or children, the parents of the deceased can file a claim.
When a lawsuit involves a wrongful death, there are special exceptions and circumstances that can impact the legal timeline. The Discovery Rule states that if the cause of death was not immediately known, the legal timeline does not start until the cause of death is determined. If the wrongful death is the result of murder or manslaughter, the statute of limitations remains two years, but there are no damage caps in the case. When a government entity is named in the claim, it falls under the Colorado Governmental Immunity Act and a formal Notice of Claim must be filed within 182 days of the incident.
Our Process
What to Expect When Starting a Wrongful Death Claim with Us
Personal injury cases present unique circumstances, yet most cases progress through a standard sequence of events. Here’s what the process often looks like for our Denver clients.
1Investigating the Accident
We thoroughly investigate the events that led up to your accident, gather all police reports, witness statements, and all other required details about the accident. The first part of the investigation work establishes essential elements that will support the entire case investigation.
2Filing the Claim
We will determine both liability and damages before we create a proper claim submission, which we will send to the responsible parties and their insurance providers. We will communicate our initial demand for a fair settlement.
3Negotiating a Settlement
Many cases resolve through negotiation, but only after we understand the full value of your injuries and their effect on you and your loved ones. We don’t rush this step, especially when future care is involved.
4Litigation, If Necessary
If necessary, we will start legal proceedings through court action to obtain a judicial solution after settlement negotiations fail to produce an acceptable agreement. We conduct complete case preparation for all situations that might require court proceedings.
Critical Selection Factors
Choosing a Denver Wrongful Death Lawyer
When you lose a loved one in a car accident or tragic event, it can prove to be a traumatic, emotional, and dark moment for you and your family, that can be made even more of a challenge by a legal case. This makes finding and choosing the right wrongful death lawyer for you and your family a critical moment in your case. You need to find an attorney that will provide you with compassionate legal support, that will protect you from the pressure of a legal court case, negotiate with insurance adjusters, and not prioritize a quick settlement over your best interests. You need to find a legal team that has the experience, knowledge, and skill to help you achieve a positive outcome and receive the compensation that you need. Arckey & Steele is the right choice for you and your family in Denver, CO.
Why Choose Us
Why Choose Arckey & Steele for Your Wrongful Death Case in Denver
Our goal is simple: do fewer cases, and do them exceptionally well.
Small caseloads, focused attention
We intentionally limit the number of cases so each client receives the time, focus, and resources their matter deserves.
Direct access to your attorney
When you contact our firm, you work directly with the lawyer handling your case.
Proven track record
Our attorneys bring decades of combined experience and a track record of results in serious injury and litigation-focused cases.
Meet Our Team
Our Trusted Denver Wrongful Death Attorneys
When you hire Arckey & Steele, you work directly with experienced attorneys who are personally invested in your case.
Founder & PartnerEric S. Steele
Tackles cases involving personal injury, business, and employment matters. Eric has significant experience securing meaningful recoveries for injured clients.
Brings over four decades of litigation experience and a strategic approach shaped by years of representing individuals and businesses, often in the courtroom.
Frequently Asked Questions About Wrongful Death Claims
Colorado employs a priority system to determine who can file a wrongful death lawsuit based on how much time has gone by since the death. The surviving spouse is the only person allowed to file a wrongful death claim in the first year after the accident. The surviving children can file a lawsuit in the second year after the incident, and if there is no spouse or children, the parents can file a claim. In select scenarios, siblings and other relatives may be allowed to file a claim if there is no spouse, dependents, or parents.
A wrongful death case compensates the family for personal losses when there is a death due to negligence. A survival action case compensates the estate of the deceased for any financial losses accrued after the incident and prior to their death, that can include medical bills and lost wages.
No. In most cases — wrongful death claims are settled by insurance companies and legal teams via negotiations. In the event that the insurance company does not offer a “fair” settlement that reflects the economic and non-economic damages of the death, then litigation and a jury trial may be necessary.
In a personal injury or wrongful death case in Colorado, the compensation is impacted by Modified Comparative Negligence. This legal precedent states that if the deceased was more than 50% at fault, the family is ineligible for compensation. When the deceased was less than 50% at fault, the family will receive compensation that is reduced by that percentage of fault.
Resources
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Areas We Serve
Representing Wrongful Death Cases Across Colorado
Arckey & Steele is a premier personal injury law firm with multiple offices in the Denver and Broomfield areas. No matter where you are located in the area, we will bring our 30 years of legal experience to you and help you achieve a positive outcome in your case.
You shouldn’t have to guess about your legal rights while recovering from a crash. Whether you’re facing mounting medical bills or a disputed police report, we’re here to provide the clarity you need. Reach out today for a no-obligation strategy session
