Wrongful Death Attorneys

Established litigation law firm fights for grieving families

The sudden, accidental death of a loved one can devastate a family, especially when nothing is done to hold a negligent or reckless person accountable. It is especially difficult for the family if the breadwinner is the one who died. In most cases of wrongful death, authorities are unable to act, so it’s up to the surviving loved ones to pursue justice through the civil court system. Since 1871, attorneys at Flanders, Elsberg, Herber & Dunn, LLC have helped Coloradans enforce justice and claim compensation for their losses.

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Types Of Litigation Cases

We have vast experience litigating complex, contentious cases, and are prepared to vigorously represent you in wrongful death lawsuits arising from:

Car crashes Construction accidents DUI accidents Medical malpractice

Motorcycle accidents Products liability cases Train accidents Truck accidents

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Who can file a wrongful death claim in Colorado?

Civil authorities will not act in most wrongful death cases. It is up to the loved ones of the deceased to enforce justice. In the case of a deceased adult, the following parties have standing to sue in the first year after death.

• The surviving spouse
• Heirs, if the spouse permits or there is no spouse
• The decedent’s designated beneficiary

If the surviving spouse does not take action in the first year, the following individuals have a right to bring suit in the second year:

• Surviving children
• Parents, if the decedent was not married and did not have children
• A designated beneficiary

In the case of a child, the parents have the sole right to bring suit.

The statute of limitations for wrongful death cases in Colorado is two years from the date of death. However, there are shorter time limits in certain situations as to who can bring the claim when, especially if there are mixed families.

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What compensation is available in a Colorado wrongful death case?

Loved ones with standing to sue for wrongful death may recover for their losses, which may include:

• Loss of financial support
• Loss of affection, companionship, guidance and consortium

A representative of the decedent’s estate may also initiate a survival action to recover damages the decedent suffered prior to death, such as the costs of hospitalization, as well as funeral and burial costs.

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Contact a determined team of insurance bad faith litigation attorneys

Flanders, Elsberg, Herber & Dunn, LLC helps families in Colorado seek justice in wrongful death cases. Since 1871, our attorneys have provided close, personal service to injured parties and their distressed loved ones. To schedule a consultation, call us at 303-776-5380 or contact our Longmont office online.