Compassionate Legal Assistance When You Need It Most
You’re facing more than grief after losing a loved one unexpectedly. You may also be dealing with unexpected expenses, emotional trauma, and financial uncertainty. During this time, an experienced Denver wrongful death attorney can help you protect your rights, pursue justice, and recover the compensation your family deserves.
At McDivitt Law Firm, we’ve spent over 50 years supporting Colorado families through some of life’s most painful moments. We’ll fight to get you fair compensation and hold the negligent party accountable.
What Is Wrongful Death?
When someone’s careless actions lead to someone’s death, the deceased’s close relatives can file a wrongful death claim. These claims aim to prove that the death was preventable and caused by the extreme negligence of another party.
To win a successful wrongful death claim in Denver, your attorney must establish all the following elements:
Duty of care – Your lawyer must show that the at-fault party had a duty to act responsibly toward your loved one. For example, anyone who is driving owes a duty of care toward other drivers and nearby pedestrians.
Breach of duty – Once the duty of care has been proven, your lawyer needs to show how the at-fault party breached that duty.
Causation – Your Denver wrongful death attorney will aim to prove that the breach of duty directly caused your loved one’s death. Proving causation can be challenging in cases involving medical malpractice and defective products.
Damages – Finally, your lawyer needs to demonstrate how the loss of your loved one caused actual damages, such as hospital bills, funeral costs, loss of income, and emotional distress to your family.
By establishing the above elements, a wrongful death lawyer in Denver lays a solid foundation for your claim against the negligent party.
Common Causes of Wrongful Death
Countless accidents can lead to wrongful death. Some of the most common include:
- Car accidents
- Commercial truck accidents
- Motorcycle crashes
- Nursing home neglect
- Defective products
- Workplace and construction accidents
- Slip-and-fall incidents on poorly maintained properties
If one of the above causes led to the death of your loved one, speak with a Denver wrongful death attorney to find out if you can file a claim.
Who Can File a Wrongful Death Claim in Denver?
In Colorado, wrongful death claims are civil lawsuits. The goal of these claims is to compensate the close family members of the deceased for the damage caused by a negligent party. Given that, the state limits who can file a wrongful death claim. These limits change based on how long it has been since the death occurred.
As of January 1, 2025, which saw the passing of House Bill (HB) 1472, the people who can file a wrongful death claim in Denver are:
Spouses: Spouses can file a wrongful death claim anytime within two years of their loved one’s death. They are the only party that can file a claim within the first year of someone’s passing.
Children: Children of the deceased may file a wrongful death claim between one to two years after the death of their loved one.
Parents and siblings: When the deceased has no living children or spouse, their parents or siblings can file a wrongful death claim.
Prior to the passing of HB 1472, only spouses and children could file a wrongful death claim to recover damages.
What Damages Can Be Recovered?
Compensation in wrongful death cases can include both economic and non-economic damages.
Economic Damages:
- Funeral and burial costs
- Final medical expenses
- Lost wages and benefits
- Loss of future financial support
Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Loss of companionship
- Loss of parental guidance
In cases where the defendant’s actions were particularly reckless or malicious, your Denver wrongful death attorney may push to have punitive damages awarded. These damages are intended to disincentivize the dangerous actions that killed your loved one.
Why You Need a Wrongful Death Lawyer in Denver
Fighting a wrongful death case is often a complex process. You need to be able to prove that the at-fault party was negligent and directly responsible for the death of your loved one. Accomplishing this task requires significant evidence, which may prove difficult to gather if you lack prior legal experience.
Hiring a lawyer also helps you navigate the legal process of filing a claim. Colorado courts have countless filing deadlines and procedures that most people don’t know about. Your lawyer will ensure that all the logistical aspects of your case get handled properly.
Finally, and most importantly, hiring an experienced wrongful death attorney takes the burden of filing a claim off your shoulders. When you’re dealing with funeral planning, emotional distress, and all the difficulties that come with the death of a loved one, fighting a legal battle is likely the last thing you want to do. Your attorney will handle your claim for you, so you can focus on being with your family, not at the negotiating table.
Why Choose McDivitt Law Firm?
For over five decades, McDivitt Law Firm has helped families across Denver and throughout Colorado recover from unimaginable loss. We know how difficult this time is, and treat every case with the respect and urgency it deserves.
Here’s what sets us apart:
- No fees until we win
- Thousands of successful cases
- Dedicated wrongful death attorneys
- Compassionate client support from start to finish
Over the years, we’ve recovered millions for Colorado families in wrongful death claims. When you work with us, you’re hiring a wrongful death attorney in Denver who’s caring, compassionate, and committed to winning you compensation.
Talk to a Denver Wrongful Death Attorney From McDivitt Law Today
If someone else’s negligence took your loved one from you, don’t wait to get legal help. Our team of Denver wrongful death attorneys is here to provide answers, support, and a clear path forward.
Get a free consultation to start fighting for compensation today.