Who can file a wrongful death lawsuit?

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.

What is the difference between “Wrongful Death” and “Survival Action”?

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.

Does a wrongful death case have to go to court?

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.

How does "Modified Comparative Negligence" affect my case?

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.

Liability

Wrongful Death

Proven Success Results for Denver Wrongful Death Victims 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…

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Slip & Fall

Proven Success Results for Denver Slip and Fall Accident Injury Victims There are many personal injury law firms that are settlement mills and only interested in quick settlements and quick checks. They are not interested in your best interests and not interested in getting the best results for you. Arckey & Steele has more than…

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Catastrophic Injuries

Proven Success We Get Results for Denver Injury Victims Many personal injury law firms are “settlement mills” that handle thousands of cases and prioritize quick settlements to benefit their bottom line. Arckey & Steele is not the same — and we take a boutique approach to your personal injury case and our legal team is…

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Dog Bite Injuries

Proven Success Results for Denver Dog Bite Injury Victims There are many personal injury attorneys you will find that are “settlement mills” and only interested in quick settlements. Arckey & Steele takes a boutique approach that allows us to dedicate more time and resources to our clients to secure maximum compensation and damages for Denver-area…

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Premises Liability

Proven Success Results for Denver Premises Liability Injury Victims There are many personal injury law firms that can be considered “settlement mills” that prioritize quick settlements in thousands of cases. Arckey & Steele in Denver, CO is not one of those law firms. We prioritize personal, compassionate legal support in every case and will help…

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