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Westminster Wrongful Death Lawyer

Westminster Wrongful Death Lawyer

Make the legal process as simple and stress-free as possible by working with the Westminster wrongful death lawyers at Ciancio Ciancio Brown, P.C. We will be by your side through every phase of the legal process, helping you understand your options after experiencing the devastating loss of someone you loved. We represent families in the Westminster community and throughout the State of Colorado in wrongful death claims. Contact us to begin your case with a free consultation.

Losing a family member or loved one is an incredibly traumatic experience. You are probably feeling emotionally drained and not up to the task of filing a lawsuit. However, knowing that your loved one’s death could have been prevented is a burden in itself. Until you take action to hold a wrongdoer accountable for the fatal injury and obtain justice for your loved one, you may be unable to move forward.



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Why We’re the Right Wrongful Death Lawyers for You

At the law firm of Ciancio Ciancio Brown, P.C., we practice client-first legal services. We personalize our efforts to match each client’s unique needs and case goals. During a wrongful death case, emotions run high. We recognize that this is a difficult time for those who come to us for help. Our Westminster wrongful death attorneys go above and beyond to make sure the families that they represent have everything they need to make it through to the other side of a case.

Your Westminster wrongful death lawyer will answer your questions, provide tailored legal counsel, handle confusing legal paperwork and processes on your behalf, go up against an insurance company, and take your case to trial, if necessary. Your wrongful death case is personal for us, as well. We will treat your family like our own through every phase of a legal claim. Our highly experienced and reputable attorneys are dedicated to justice.

What is Wrongful Death in Colorado?

Colorado’s definition of wrongful death is found in Colorado Revised Statutes Section 13-21-202. This law states that a cause of action for damages (the legal term for financial compensation) can be maintained notwithstanding the death of the injured party. This means that a personal injury lawsuit can be brought even if the victim’s injury or illness is fatal. This type of lawsuit is referred to as a wrongful death claim, and it comes with its own rules and regulations in Colorado.

To file a wrongful death claim in Westminster, you must have evidence that the death of your loved one was caused by another party’s wrongful act, neglect or default, and that if death had not ensued, your loved one would have been entitled to file an action to recover damages. The proof that you need to support your claim must meet the evidentiary standard of “more likely than not,” or a preponderance of the evidence.

What Damages Can Be Recovered in a Colorado Wrongful Death Claim?

One or more defendants may be forced to pay your family for the losses that it suffered because of the defendant’s wrongful or negligent acts. A successful wrongful death claim could pay for funeral and burial costs, benefits and income lost, the family’s pain and suffering, grief and mental anguish, and loss of consortium.

It is always a good idea to consult with a wrongful death lawyer in Westminster if you’re considering filing this type of claim in Colorado. A lawyer can walk you through complicated wrongful death laws to make sure you don’t make any mistakes that compromise your ability to recover compensation.

For your case to succeed, you must know and follow several important Colorado laws. Hiring a Westminster wrongful death attorney to represent you can make navigating these laws easier, as your lawyer can lean on decades of education and experience in this practice area.

Who Can Sue for Wrongful Death in Colorado?

Colorado law states that only the surviving spouse may file a wrongful death lawsuit in the first year after the decedent’s death unless he or she gives a written election to allow surviving children to file or join a claim. In the second year, surviving children can file without the spouse’s written election. If there is no spouse or child, a designated beneficiary may bring a lawsuit, instead.

How Long Do You Have to File a Wrongful Death Lawsuit in Colorado?

A state law known as the statute of limitations places a deadline on a plaintiff’s right to file a wrongful death claim of two years of the individual’s death. If the victim died in a hit-and-run automobile accident, however, a plaintiff has four years to file a related wrongful death lawsuit.

Causes of Wrongful Death

Colorado’s statute names three main torts that can lead to wrongful death lawsuits: wrongful acts, neglect and default. Wrongful acts can refer to crimes, reckless acts or a wanton disregard for the safety of others. Neglect refers to the failure to meet the duty of care, or act in a reasonable and prudent manner. Default is to omit or fail to do something that the party legally or ethically should have.

These three torts can apply to many different types of fatal accidents in Westminster, including:

  • Car accidents
  • 18-wheeler accidents
  • Delivery truck accidents
  • Drunk driving accidents
  • Distracted driving accidents
  • Motorcycle accidents
  • Bicycle and pedestrian accidents
  • Premises liability accidents
  • Workplace accidents
  • Defective product incidents
  • Criminal acts

Wrongful death can be caused by many different acts in Westminster. If you are not sure if your family has grounds for a wrongful death claim after a fatal accident, find out if your case has merit during a free, zero-obligation consultation at Ciancio Ciancio Brown, P.C. Our Westminster personal injury lawyers will listen to your story and explain your options.

What to Do If You Think a Loved One’s Death Qualifies for a Colorado Wrongful Death Claim

Insurance companies often protect their profits and may use common tactics to deny a wrongful death claim or to undervalue its financial worth. It may be difficult to focus on protecting your right to recover compensation for damages while you’re dealing with the trauma of saying farewell to a lost loved one, but taking prompt action to document critical evidence can help with your financial recovery later, so you can focus on your family’s emotional recovery. During the days following your loved one’s wrongful death in Westminster, take the following actions:

  • Gather any evidence from the scene and take photos of anything relevant to your family member’s cause of death. Examples include the damaged vehicles in an accident and the scene where the accident occurred, or the defective product that caused the death
  • Obtain a copy of your loved one’s most recent medical exam
  • Obtain a copy of any police report or accident report
  • Ask for a copy of the medical examiner’s records or autopsy report as well as any medical records if your family member received emergency medical treatment before their death
  • Keep the clothes your loved one was wearing in a sealed bag
  • Save copies of medical bills, funeral and burial expenses, and receipts for all related expenses
  • Gather evidence of your loved one’s normal income and benefits packages from their employer or your tax records
  • Call the Westminster wrongful death lawyers at Ciancio Ciancio Brown, PC before speaking to insurance company representatives

Insurance companies assign an adjuster to a wrongful death claim whose job it is to find ways to deny claims or minimize the amount they have to pay on a claim. It’s important to hire an experienced attorney to anticipate these tactics and counteract them, so you get the most out of your claim.

Common Insurance Company Strategies to Minimize or Deny Your Compensation

Insurance companies prioritize profits over payouts. Be wary of common insurer tactics meant to minimize what they pay on your claim. These include some of the following methods:

  • Calling quickly after the accident with a fast settlement offer in exchange for signing away the right to a lawsuit. This is almost always less than you’d recover by following through with a full claim for damages. Often they call the victim’s family with a lowball settlement offer before the family is aware of the full extent of their damages or the full amount of compensation they are entitled to
  • Calling on recorded lines with compassionate tones and then using your words out of context against you later. Often they try to show that the deceased loved one was partly responsible for the injuries leading to their death, so they can minimize the amount they must pay out
  • Claiming that the decedent died from a pre-existing condition or that the condition contributed to the death
  • Claiming the at-fault party’s insurance wasn’t in effect at the time the incident occurred
  • Delaying payouts and avoiding calls to cause frustration, so family members are more likely to accept a low settlement offer when the insurance company reaches out with one

Instead of dealing with insurance adjusters alone, it’s always best to hire a skilled wrongful death lawyer to protect your best interests and then direct all communication with the insurance company to your attorney.

Contact a Westminster Wrongful Death Attorney Today

At Ciancio Ciancio Brown, P.C., we understand that this is an extremely devastating and emotional time for you. Our Westminster wrongful death lawyers put people first. We will provide legal services with a focus on what you need to move through your grief and find a place of greater solace. We are passionate personal injury and wrongful death attorneys who will be there for your family every step of the way. Let us give your deceased loved one a voice in the civil justice system. Request a free case consultation in Westminster by contacting us online anytime.