Wrongful Death Lawyer in Denver, CO
Our Denver Wrongful Death Attorneys are on Standby, Ready to Help
At Varner Faddis Elite Legal, LLC, we understand the incredible pain of losing a loved one, especially when their passing was caused by someone else’s negligence or misconduct. During this difficult time, it’s important to remember that you have the right to hold the responsible party accountable and seek compensation for your profound loss.
While no amount of money can replace your loved one, pursuing a wrongful death claim can provide you with the financial support and closure you need to take on this challenging period. However, wrongful death claims have unique aspects that often require the guidance of a Denver wrongful death lawyer.
With that being said, we recognize that this is a hard time for you and your family. Our main goal is to shoulder the legal burden so that you can focus on healing and finding solace with your loved ones. We encourage you to reach out to an experienced wrongful death attorney at our law firm to learn more about your legal options and how we can help.
Table of Contents
- Why Choose Us as Your Denver Wrongful Death Lawyer
- Causes of Wrongful Death in Denver
- Wrongful Death Claims: What You Need to Know
- What Compensation Can You Get?
- Who Is Liable for Wrongful Death?
- Elements of a Colorado Wrongful Death Claim
- Filing a Wrongful Death Claim
- How Does a Wrongful Death Lawyer Help My Case?
- Contact Varner Faddis Elite Legal, LLC Today
Why Choose Us as Your Denver Wrongful Death Lawyer
During this time, our dedicated Denver wrongful death lawyers are here to provide you with the support, guidance, and legal representation you need.
With a proven track record of success spanning over 5 years and thousands of personal injury and wrongful death cases, our team has the knowledge, skills, and experience necessary to effectively advocate on your behalf. We take pride in our innovative approach to legal representation, which has allowed us to achieve remarkable results for our clients, including:
- An unprecedented $750,000 settlement for a wrongful death case in Colorado, where compensation caps typically limit recovery
- A $1.3 million award for a personal injury case
- A $1.25 million settlement for a motor vehicle accident
- A $1.19 million award for a traffic accident
These examples demonstrate our commitment to fighting tirelessly for the maximum compensation allowable under Colorado law on your behalf. As you focus on grieving and coming to terms with your loss, our attorneys will handle all legal aspects of your claim with the utmost professionalism and attention to detail. We will meticulously:
- Prepare and file all necessary documents,
- Communicate with insurance companies and other parties on your behalf,
- And build a strong case to hold those responsible for your loved one’s death accountable.
Together, we will work towards securing the justice and financial recovery you and your family deserve.
Causes of Wrongful Death in Denver
There are many ways that a Denver wrongful death can occur. In a recent year, 745 people lost their lives in traffic accidents in Colorado, which is the highest number of Colorado traffic fatalities since 1981. Johns Hopkins Medicine estimates that medical errors account for 10 percent of all deaths in the United States, making it the third leading cause of preventable death.
Wrongful death cases are unique areas of personal injury in that they may also involve a criminal aspect. For instance, you could sue for wrongful death if someone murdered a close family member whether or not they are ever convicted of the crime. The same holds true if a driver intoxicated by alcohol or drugs caused an accident that killed your loved one.
While it takes extreme negligence to cause the death of a person, it happens in more cases than you will expect. Some of the most common incidents in Denver that result in a wrongful death are:
- Criminal acts
- Motor vehicle accidents
- Dangerous pharmaceuticals
- Falls
- Defective products
- Medical malpractice
- Nursing home abuse
- Motorcycle accidents
- Commercial truck accidents
Each incident will have its hurdles. You need an attorney who knows the elements of these cases and wrongful death claims. There are two legal topics at work here, and you need a firm with creative solutions and experience to ensure to exhaust every compensation avenue available.
Wrongful Death Claims: What You Need to Know
While the deceased had many people who loved and cared for them, not everyone is eligible to file a wrongful death claim. Only the following may file wrongful death claims in Colorado:
- A surviving spouse
- Any surviving children, including minor children with the help of a parent or guardian
- Parents of deceased children who were unmarried and did not have children (unemancipated minors)
- A personal estate representative to recover damages for losses on behalf of the estate
In most cases, Colorado allows two years for plaintiffs to file a wrongful death lawsuit in civil court. Exceptions do exist, and some circumstances can extend the time you have to file, so you need to discuss your case with an experienced Denver wrongful death lawyer as soon as possible.
What Wrongful Death Compensation Can You Get?
Specific amounts for wrongful death claims will vary in each case. However, surviving families filing legal claims may recover two types of monetary compensation.
Economic damages cover financial losses and are easy to calculate since tangible documentation shows the cost of the losses the victim incurred. Examples include:
- Funeral and burial expense
- The medical expenses incurred for the accident before their passing
- Lost wages and future earning
- Other financial losses the family suffers like health insurance benefits.
The second type of compensation a surviving family can seek is non-economic, which relates to unseen damages. These are often emotional or psychological, which are difficult to put a dollar amount on. Examples include:
- Emotional stress
- Loss of assistance
- Loss of protection
- Loss of comfort
- Loss of care
- Loss of love
In cases of highly egregious actions, you can also seek punitive damages. The premise of these damages is to punish the defendant for their reckless, negligent actions and ensure they do not commit these actions in the future. These damages are challenging, and a Denver wrongful death lawyer must show that the defendant participated in wanton conduct to cause your loved one’s death. A perfect example of a case resulting in a punitive damage award is when a driver was extraordinarily drunk and caused a fatal accident where your loved one lost their life.
Insurance companies will take advantage of grieving families and try to settle as quickly as possible. Many families are unaware of the actual value of their case and will take a settlement offer. Another important note is that Colorado has caps on the amount of compensation families can obtain for a wrongful death claim.
The Colorado cap on damages at the time of this writing is $430,000, but exceptions exist. You will need to discuss the possibility of obtaining more money for your wrongful death claim with your innovative Denver wrongful death lawyer.
Who Is Liable for Wrongful Death?
Liability is critical in these cases. The deceased is not here to tell their side of the story, so the evidence must tell the story for them. The negligent party will try to shift the blame onto the deceased to relieve themselves of some or all responsibility. They will do this intentionally since the deceased is not here to describe what happened.
The evidence and case must speak volumes to ensure the other party cannot reduce your claim. Families are shocked that a person who causes death is unwilling to accept responsibility for their actions. It is infuriating to know that one person’s split-second decision was the cause of you never seeing your loved one again.
Also, some fatal accidents, such as truck accidents, aviation accidents, and construction accidents may have several parties involved. For instance, the truck driver may be liable for actually causing the crash, but their employer will also share culpability along with possibly the truck’s manufacturer and those that produced components for the truck.
Hire our Denver wrongful death lawyers. We will carefully examine all the evidence and build a compelling case that proves the other party’s liability for your loved one’s death. We will ensure we hold all parties liable who bear responsibility for your family member’s death and fight hard to make sure the insurance company honors your claim and pays you what you deserve.
Elements of a Colorado Wrongful Death Claim
The primary hurdle of a wrongful death claim is to prove that another person was negligent in their actions that led to the death of your family member. The death would not have happened except for the defendant’s reckless actions and negligent inactions. It will be up to a Denver wrongful death lawyer to prove the key elements of these cases.
Your attorney must first prove that the negligent party owed the deceased a duty of care. For example, a doctor owes the patient a duty to prevent them from suffering further injury under their supervision. Next, your wrongful death attorney must show that the defendant breached the established duty. The doctor in the example did not act reasonably regarding patient care. Lastly, the breach must have directly caused the death of your loved one.
While these elements sound relatively simple, it will take a lot of hard work for your Denver wrongful death lawyer to collect all the evidence to show that each element is present in your case.
Filing a Wrongful Death Claim
For a successful claim, you need to move fast, even if you do not know whether you have a valid lawsuit. The first step is contacting a Denver wrongful death attorney to determine eligibility and gather evidence to build your case. Step one is to figure out eligibility.
When you enlist the help of a wrongful death lawyer in Denver, you know your eligibility status, and it also means you are not wasting the court’s time or yours.
During the initial consultation, your attorney will know your relationship with the deceased and whether they can file a claim on your behalf. Once you establish eligibility, the following item to tackle is negligence or a deliberately wrongful act. For an accurate claim, your wrongful death lawyer in Denver must prove that a deliberate or negligent wrongful act led to your loved one’s death.
The rest of the claim process will involve these steps:
- Submitting a notice to the defendant: During this phase, your attorney will gather evidence, information, and insurance information. The purpose of the legal notice is to inform the negligent party that you are taking legal action against them.
- Negotiation: When there is sufficient evidence, negotiations between your Denver personal injury attorney and the insurance company can begin. Most cases will settle during this phase, but it is best to always prepare for trial. In contentious issues, your Denver wrongful death lawyer can request mediation.
- Settlement – Once you settle your claim with the insurance company, the agreement will become final and legally binding. You will not be able to sue or file another claim to try and get more compensation.
- Discovery and pre-trial: When a case does not settle during the pre-litigation phase, then litigation will commence. Your lawyer will need to begin discovery, where both attorneys will request information and documents from each other. A judge will also be involved in this process and ensure that the case is moving without stagnation.
- Trial: After much preparation, it is time for trial. Both lawyers will present their evidence, call witnesses, and allow a judge or jury to make the final determination.
- Court award: If the judge or jury sides with you, the court will determine your award amount.
A wrongful death case can settle during negotiation, mediation, or trial. Some cases will not go through all these steps, and you can obtain a settlement offer during any step in the process. You will receive payment after a settlement offer is agreed upon by you and the negligent party. Several other complexities can delay compensation, which your attorney will address if they are critical to your case.
How Does a Wrongful Death Lawyer Help My Case?
When an entity is negligent and its actions result in death, it will rush to secure legal representation to deny the allegation and shift the blame. The negligent party does not want to admit to what they did, and their insurance company or attorney will do anything in their power to deny or lower your claim.
At Varner and Faddis Elite Legal, LLC, we will be here through every step of the process. Our wrongful death attorneys in Denver understand that it is a difficult time for you and your family, and we can remove the legal burden so you can focus on getting over your loss. Grieving families are often baffled by what steps they need to take next and will end up not getting the justice their loved one deserves.
We will thoroughly investigate the incident that caused the death and uncover any evidence showing liability. There can be third-party claims relevant to your incident, and we must do everything to find the truth.
We can also work with financial experts to calculate your expected losses and paint a clear picture of your damages. You never need to worry about the insurance company harassing you while planning a funeral. Varner Faddis Elite Legal, LLC will handle all communications between parties.
Speak to a Denver Wrongful Death Attorney at Varner and Faddis Elite Legal, LLC Today
Our firm implements cutting-edge technology and offers outcome-based solutions personalized to your needs. We use innovative case management technology and can come to you if you are in the hospital or unable to leave your home. You will have timely and personal access to your lawyer, which is something other law firms do not provide.
Varner Faddis Elite Legal, LLC works on a contingency fee basis, so you do not pay unless we win your case. When you need innovative legal representation, contact the Denver wrongful death lawyer from Varner Faddis Elite Legal, LLC at 720-710-9073.
Denver Wrongful Death Attorney, Eric Faddis
Office
6025 South Quebec St.
Suite 100
Centennial, CO 80111
Phone: 720-710-9073
Testimonials
All Charges-Found NOT GUILTY
“Eric took my case about a month before I had to go to trial. He showed up and showed out! His preparation for the case was phenomenal! He didn’t forget to study anything. He is the only lawyer I have ever met who actually cares about his clients, they are not just a paycheck to him. He will give you his all!
– Anonymous, Criminal Defense Client
