Representing Families During Their Toughest Times
Perhaps the most difficult cases the Tenge Law Firm, LLC handles are those representing grieving families who have recently lost a loved one in an accident. A death is “wrongful” when it is caused by the negligent or deliberately wrongful actions of another person or company. At the Tenge Law Firm, LLC, our Denver personal injury attorneys believe that anyone responsible for the wrongful death of another person should be held accountable for his or her actions. If you’ve lost a loved one to wrongful death, contact attorney J. Todd Tenge and his team.
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Video: Who Is Entitled To Bring a Claim for Wrongful Death?
What Are Causes of Wrongful Death?
Wrongful deaths often arise from:
- Motor vehicle accidents – including car, motorcycle, and truck accidents
- Drunk driving accidents
- Mass transit accidents
- Nursing home abuse
- Construction accidents
- Using a defective or dangerous product
Who Can File a Wrongful Death Claim?
Colorado has implemented limits on wrongful death cases that must be adhered to. The Colorado Wrongful Death Act specifically identifies which family members are eligible to bring a claim in the state and provides the statute of limitations to such claims.
According to C.R.S. § 13-21-201 to 204, immediate family members of the deceased (e.g., children, spouses) may file a wrongful death claim. The surviving spouse has the exclusive standing to bring a claim within the first year after the death, and both the surviving spouse and children have standing to bring a claim after. If there is no spouse, then the children may bring a claim within the first year. If the deceased is an unmarried minor without any children, the parents may file a claim. Please note that in Colorado, a wrongful death claim must be filed within two years of the date of the death; otherwise, the statute of limitations will expire, and you will lose your rights to file a claim. There are certain instances where you will need to act within 180 days. So don’t wait. Please call now.
How to Prove Wrongful Death
Once you have acquired the services of a wrongful death attorney, there are various elements that must be satisfied in order have a successful case. To prove wrongful death, the following must be shown to have occurred:
- Duty of Care: It must be proven that the defendant owed a duty of care to the deceased.
- Breach of Duty of Care: Prove that the duty of care that was owed to the deceased was breached by the defendant; for example, failing to abide by certain laws, by speeding in a car or other negligent acts, would be applicable.
- Causation: Along with proving a breach of duty, you must also prove that the negligent actions of the defendant directly caused the wrongful death to occur.
How Will Hiring a Wrongful Death Attorney Help My Case?
In the aftermath of a loved one’s death, you and your family need time to grieve and recover from your loss. Hiring an experienced and knowledgeable wrongful death attorney will ensure that your claim moves smoothly through the legal system, allowing you to focus on grieving with your loved ones and recovering a semblance of normalcy. Attorney J. Todd Tenge and his legal team will arrange for an investigation into the incident that caused the death, collect evidence and eyewitness reports from appropriate sources, and construct the strongest case possible on your behalf so that you recover full and just compensation. In short, you take care of your family, we will do the rest.
Recovering Damages in a Wrongful Death Case
You are entitled to financial damages, which are intended to compensate you for your loss. Damages compensate victims for measurable losses – such as the loss of income that the deceased would have received – and non-measurable damages, such as the loss of companionship (i.e., what the deceased provided emotionally to a relationship, and the mental pain stemming from the death). Though money certainly won’t ever compensate you for the loss of your loved one, it can help to cover medical and funeral expenses, loss of income, loss of companionship, pain and suffering, and other losses and expenses.
Contact a Wrongful Death Attorney in Denver, Boulder and Fort Collins
If you would like to speak with a wrongful death attorney, contact the Tenge Law Firm, LLC, serving Boulder, Fort Collins, and surrounding Colorado areas today. J. Todd Tenge and his exceptional legal team are happy to review your case, and determine whether you have a viable claim, and if so, start pursuing justice on your behalf.