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in Our Client’s Lives

Boulder Wrongful Death Lawyer

Losing a loved one is one of life’s most painful experiences. This grief can be compounded if he or she passes away in an accident caused by someone else’s negligence, or carelessness. While no amount of compensation could ever replace the love and support you received from your loved one, you may have grounds to file a wrongful death lawsuit against the at-fault party. In these situations, the Boulder wrongful death attorneys at Purvis Thomson, LLP can help you fight for justice.

Since 1985, our Boulder personal injury attorneys have represented injured Colorado residents and their families in their claims against negligent drivers, property owners, employers, and more. We will advocate tenaciously for your family’s right to recover compensation, while also helping you hold the responsible party accountable for his or her dangerous actions.

Why Choose Us

  • Our Boulder injury firm has a track record of successful settlements and verdicts. We have secured millions of dollars for our clients and will advocate for your family’s maximum recovery.
  • Our wrongful death attorneys in Boulder hold numerous awards and memberships in prestigious peer organizations, including the International Academy of Trial Lawyers.
  • After the loss of a loved one, navigating a wrongful death claim can feel overwhelming. Our attorneys will handle the entirety of your claim, allowing your family to focus on other important matters.

What Is a Wrongful Death?

According to Colorado Revised Statutes 13-21-201 and 13-21-202, a wrongful death occurs due to the wrongful act, neglect, or default of another person or entity. One way to determine whether or not your loved one’s death qualifies for this type of legal action is to ask yourself if he or she could have pursued a personal injury claim if he or she had lived. If the answer is yes, your loved one’s case likely qualifies for wrongful death litigation.

Many types of accidents can lead to a wrongful death claim, including the following.

If you are unsure whether your loved one qualifies for a wrongful death claim, speak to an attorney at Purvis Thomson, LLP as soon as possible. Your Boulder wrongful death lawyer will analyze your case and determine whether or not your family has grounds for legal action.

Who Is Eligible to File a Colorado Wrongful Death Claim?

Under Colorado law, only certain individuals may pursue a wrongful death lawsuit on behalf of a deceased person. If the deceased person did not have a spouse, children, or a designated beneficiary, his or her parents have the right to file a wrongful death lawsuit on his or her behalf. If the deceased person did have a spouse, children, or designated beneficiary, the law becomes a bit more complex.

  • Within the first year after the deceased person’s passing, only the surviving spouse may file the wrongful death claim. The spouse may also elect to allow his or her children to file the claim, or the spouse may join the deceased’s children in their claim. If the deceased person did not have a spouse, his or her children or designated beneficiary may file the lawsuit.
  • Within the second year after the deceased person’s death, his or her spouse or children have the right to bring the claim on their own. The spouse and the children, or the children and the designated beneficiary, may also enter into a joint claim. The spouse and beneficiaries may join a lawsuit brought by the children within 90 days after they file.

Damages Available in a Wrongful Death Lawsuit

Your family can sustain serious physical, financial, and emotional losses after the untimely passing of a loved one. However, wrongful death lawsuits allow you to recover compensation for these losses to help you in the healing process. There are two types of damages in wrongful death claims: economic and non-economic.

Economic damages refer to the financial losses that the deceased and your family sustained as a result of the wrongful death. Common examples of economic damages include the following.

  • Funeral and burial expenses
  • Lost benefits due to his or her death, such as life insurance
  • Wages and other forms of compensation the deceased would have earned if he or she had survived

Non-economic damages, on the other hand, refer to the intangible losses your family experienced due to your loved one’s death. These damages can be difficult to quantify, but your attorney from Purvis Thomson, LLP can help you calculate the full extent of your losses. Examples of non-economic damages in wrongful death claims include the following.

  • Grief
  • Loss of companionship, care, and love
  • Emotional distress and mental anguish
  • Other forms of pain and suffering

How Long Do You Have to File a Wrongful Death Claim?

Civil lawsuits in Colorado are subject to a rule known as the statute of limitations. This law places time limits on filing certain claims in civil court; if you file your lawsuit after the appropriate deadline, the court will likely dismiss your case.

For wrongful death lawsuits, you typically have two years from the date of your loved one’s death to file. However, if your loved one died as a result of a hit-and-run vehicular homicide, you have four years from the date of his or her death to bring your claim.

It is important to speak to a wrongful death attorney as soon as possible following your loved one’s passing. A lawyer from Purvis Thomson, LLP can help you identify your filing deadline and protect your family’s right to recovery. Additionally, your attorney can help you identify your family’s optimal path to recovery and take the first steps toward filing your claim in Colorado civil court.

Contact our Boulder Wrongful Death Attorney

If you lost a loved one due to another person’s negligent actions, the Boulder wrongful death lawyers at Purvis Thomson, LLP can help. For decades, we have helped Colorado residents statewide fight for justice, and our wrongful death attorneys in Boulder can support you and your family on the path to recovery. Contact us today to schedule a free consultation and learn more about the litigation process.