Filing a Wrongful Death Claim in Colorado

 Posted on April 23, 2019 in Wrongful Death

When your family member dies as the result of an accident, the accompanying financial ramifications can be devastating and drain any savings you or your deceased family member might have. These include costs related to medical expenses, funeral costs, and lost wages. While accidents do happen, if a death occurs as a result of negligence by another person or party, then you may be able to hold them accountable by filing a wrongful death claim.

Under the Colorado Wrongful Death Act, wrongful death is defined as a death caused by neglect or a wrongful act. If a wrongful death occurs, then the person or party at fault may be held liable for both economic and non-economic damages suffered by the deceased person's family.

Types of Wrongful Deaths

Wrongful death can occur in a variety of situations, including:

Fatal Car Accidents: According to statistics compiled by the U.S. Department of Transportation, more than 37,000 Americans were fatally injured in motor vehicle collisions in 2017. To file a wrongful death claim after a fatal car crash, your attorney must prove the responsible driver was acting negligently.

In the state of Colorado, fatal collisions are on the rise, and they are increasingly caused by impaired drivers who are under the influence of legal recreational marijuana when behind the wheel. In 2017, the Colorado Department of Transportation found that 139 fatal car accidents involved positive tests for cannabis. Drunk driving also continues to be a huge issue statewide; 171 people were killed in car crashes in 2017 in which drivers had a blood alcohol content (BAC) over the legal limit of 0.08.

Deaths in the Workplace: The Occupational Safety and Health Administration (OSHA) states that 5,147 workers were killed in 2017 while on a job site. In a significant number of cases, these injuries were a result of the company’s failure to comply with OSHA safety standards. In the state of Colorado, thousands of workers are employed in the construction and oil and gas industries, and these workers are at risk of serious or fatal on-the-job injuries.

If a company fails to adhere to the safety protocols that protect their employees, the implications can ultimately be life-threatening. Construction workers especially face a high number of risks, most notably falls, electrocutions, and machinery malfunctions, and these can be heightened by a company’s negligence in following safety mandates. According to OSHA, 381 construction workers were killed in on-the-job falls in 2017. Electrocutions resulted in 71 construction fatalities over that same period. The family members of a person killed on the job may be eligible to receive workers' compensation death benefits, and they may also be able to pursue a wrongful death lawsuit against any third parties who were responsible for the death.

Contact a Fort Collins Wrongful Death Lawyer

At Hoggatt Law Office, P.C., we are here to assist you as you address the issues involved in the death of your loved one. Our firm will examine the actions that lead to your family member’s death and determine if you have grounds to file a wrongful death claim. The financial ramifications of a death in the family cannot be overstated, and we will fight for the compensation your family needs and ensure that you have a healthy financial future. To schedule a complimentary consultation with a skilled Larimer County wrongful death attorney, contact us today at 970-225-2190.

Sources:

https://www.iihs.org/iihs/topics/t/general-statistics/fatalityfacts/state-by-state-overview
https://www.osha.gov/oshstats/commonstats.html
https://gazette.com/news/mixed-findings-on-colorado-marijuana-traffic-deaths/article_ec6a8f4c-a722-11e8-9c81-17b5312abb33.html