Experienced, Reputable Trial Lawyers

Wrongful Death Lawyer In Denver, CO

If you have lost a spouse or other loved one in a preventable accident, you are probably wondering what you can do to see that justice is done. The attorneys of Beem & Isley, P.C., have several years of experience in wrongful death litigation in and around Denver, Colorado. Our representation will allow you and your family to focus on the grieving process instead of how to pay the financial costs of your loss.

Often, a so-called accidental death is actually the result of one or more people acting negligently.

For example, a drunk driver may not have intended to get into a fatal collision. However, by his or her negligence, he or she is nevertheless responsible for the victim’s pain and suffering, medical bills and other damages. The victim’s family may also be entitled to substantial compensation for damages, including loss of companionship and lost future household income.

Compassionate, Client-Focused Attorneys

Our personal injury team knows how deeply painful it can be to lose a family member in an avoidable incident. Your lawyer will treat you with compassion and dignity. We are available to meet at your home or outside of regular business hours. We will thoroughly investigate what happened and give you clear, honest advice regarding your legal options. Our assistance will enable you to make wise decisions for your family and work toward a just result.

Our legal team has a wide range of experience, and we consult one another on every case. Founding attorney Clifford L. Beem has practiced personal injury law since 1968 and is one of the most respected litigators in Colorado.

How Does Colorado Define Wrongful Death?

Colorado’s definition of wrongful death is straightforward: It is any death that is caused by “a wrongful act, neglect or default of another entity.” This comes directly from the Colorado revised statutes, and it goes on to say that it would only be a wrongful death if that person had filed a suit for the incident had they lived.

Legal definitions have a history of being highly confusing, wordy and complicated. The superlatives for this kind of thing have no end. The very reason for higher courts in the legal system is to parse and make decisions about complicated wording and procedure. So, we want to break down this definition to explain how these words work together in the law.

Wrongful Acts

Wrongful acts are intentional. From premeditated first-degree murder to manslaughter, if the action that began the chain of events is intentional, it falls under a wrongful act. In many cases, the criminal case of manslaughter is either unprovable or does not move forward. However, the civil case of wrongful death remains a way for an individual to pursue justice.

Neglect

Whereas the definition of a wrongful act is an intentional action, a movement or a choice, neglect is in many ways the opposite: It is carelessness and recklessness, not taking the time to perform one’s duty to another. Neglect is, by and large, the major component of any wrongful death or personal injury claim and includes such examples as:

  • Distracted driving
  • Negligent security
  • Inadequate repairs to a vehicle
  • Drunk driving

Any of the normal inadequacies and inattentiveness that lead to death are acts of neglect. They are prime examples of how individuals do not pay close enough attention to their actions.

Default Of Another Entity

When a medical practitioner makes a mistake, it leads to death, which is the default of another entity. This covers deaths caused by medical malpractice and the defaults of other professionals – construction workers and emergency response personnel – that could put a person in harm’s way.

These three parts of this definition are how the state of Colorado defines wrongful death. However, proving wrongful death is another matter.

How Is Wrongful Death Proven?

With any personal injury, civil or criminal case, proving your side of the case is done with evidence. Evidence in a wrongful death is anything that contributes to the understanding of the chain of events before, during and after the loss of the life of your loved one. This evidence can include:

  • Police reports: Police are among the first people on the scene after any accident, especially when there is a loss of life. They take statements and pictures and offer as close to an unbiased perspective on the accident as possible. In any case that involves a loss of life in Colorado, there are often ongoing investigations further clarifying the initial findings.
  • Physical evidence: The medical records from your treatment as well as all of the information recovered from the scene of the accident are key pieces of evidence. Photographs of the scene, tire marks, weather reports and damage to structures can all – with the eyes of a skilled investigator – tell a story.
  • Witness statements: From experienced forensic analysts to eyewitness accounts of the accident. These words from individuals can carry significant weight with a jury and a judge. However, there are flaws in witness statements, and no memory is perfect. Still, witnesses make up a significant portion of the evidence in your case.

These are only general categories of evidence. The larger issue, however, is the weight they are given under the evidentiary standard.

“A Preponderance Of The Evidence”

In civil trials, the standard of evidence is much lower than that of a criminal trial. A criminal trial’s standard is “beyond a reasonable doubt,” which is the highest possible standard in the law. A preponderance of the evidence, on the other hand – the standard for a civil trial – only asks if the suggested outcome of the evidence is “more likely than not.”

What this means is that both sides of the case are looking at this evidence to make an argument to persuade one side that their perspective matches best. That’s an intricate and difficult part of these cases and something we excel at.

What Damages Can You Sue For In A Wrongful Death Case?

In a wrongful death suit in Colorado, you have the opportunity to pursue damages that relate to the costs you face ahead of you. These damages come in two forms:

Economic Damages

Your financial losses from the loss of your loved one are easily calculable, even if they are highly upsetting calculations. These will include:

  • Lifetime earning potential: Based on your loved one’s working history, the state of Colorado may calculate how much that person may have earned. However, this becomes complicated when the victims are older or very young.
  • Medical bills: A serious accident – even if it ultimately ends with the loss of life – still means extensive medical treatment because medical personnel will do anything to save a life. Unsuccessful medical treatments are still going to incur bills.
  • Funeral expenses: The costs of burying and saying goodbye to a lost loved one are often significant, especially when the end was totally unplanned.

Any tangible financial loss suffered by the loved ones of a wrongful death victim can be included in the economic damages. However, they do not cover the suffering of a family in mourning, which is where the other damages come in.

Noneconomic Damages

Noneconomic damages could include pain and suffering or punitive damages. Noneconomic damages for wrongful death in Colorado are capped at just under $600,000. However, there is a bill that could raise that cap to over $2 million.

Obviously, money will not and really cannot replace the person you lost. However, pursuing these damages may help you manage the bills ahead of you and recover some small amount of justice and peace of mind.

Average Wrongful Death Settlement Amounts

In the previous section, we discussed several factors that go into settlements and verdicts for wrongful death claims. However, each of those factors is extremely personal and variable, meaning that no two wrongful death claims, no matter how similar, will be alike.

Additionally, it is extremely unwise for an attorney to provide clients with estimates of their potential payouts. There are risks, such as unsuccessful litigation, inaccurate calculations and unexpected rulings, that will inevitably impact even the most conservative wrongful death estimate.

There is one fact that we would feel comfortable saying about wrongful death awards in Colorado. As a result of the cap on noneconomic damages, the settlements and awards are likely smaller in Colorado than in other states. However, even though the award potential is lower, you should still pursue your claim. You have a right and need to get justice, and we are here to help you along the way.

Why You Should Hire A Wrongful Death Lawyer

A wrongful death attorney’s value comes from the experience they have with the systems and processes ahead of them. Our attorneys have built up a respected reputation across Colorado as caring and compassionate. But that’s abstract. Here’s what we can do for you in the course of your wrongful death case:

Initial Advice

When you have the loss of someone you care deeply for, you don’t necessarily know if there’s anything you can do about that loss. You may not know your rights or your eligibility. You may not even know if the death was at all wrongful. We can – in a free consultation – talk to you about your loss before anything happens.

We will examine all the facts available in your case and let you know what your next steps could be, and we will take them with you. In this consultation, we’ll advise you on timelines, potential outcomes and deadlines.

Gathering Evidence

We already have established relationships with police and forensic specialists. We are able to take the lead in interviewing witnesses and securing the pictures and other physical evidence you will need in your case.

We take this on because our experience allows us to move quickly and gather what is most relevant. We understand what it takes to craft a compelling argument in court, and we keep an eye on those realities as we handle the investigation aspect of your case.

General Representation

From negotiation to mediation to litigation, there will be many meetings with the other party and their insurance company. They will use tactics to minimize your claim and deny responsibility. If you were to handle these meetings on your own, you would be very open to some extremely emotional meetings.

However, we – as your attorneys – take these meetings and offer a firm front to protect your interests and pursue the compensation that you deserve for your incomparable losses.

Compassionate Service

A wrongful death claim is as devastating a claim as you are likely to go through in your life. We understand the struggles and pain you are experiencing. We care about how you and your family will withstand what is ahead of you.

We offer our skills as attorneys to move your case forward and pursue justice. But at the same time, we offer you our support as people who care about you and want to help you find resources to deal with your grief. We aren’t only here to be your lawyers. We want to be your guides and confidantes.

Talk To Us About Wrongful Death Litigation

Call 303-894-8100 or use our online form to contact Beem & Isley, P.C., and schedule a free initial consultation regarding your wrongful death case. Our office is in the heart of downtown Denver.