A Message Regarding COVID-19: We are available to consult with you during this difficult and extraordinary time. If you, a family member or friend have been injured in an accident, our first concern is that you focus in the near future on your health and well being as well as that of your family and friends. Please feel free to contact us by phone or email with legal questions you may have concerning your accident, or other areas of the law. We are here to help. Be safe. Thanks.

Denver Colorado Wrongful Death Law Firm

Denver Colorado Wrongful Death Law Firm

Denver Colorado Wrongful Death Law FirmIf your loved one died because of someone else’s negligence, then you should speak with our Denver, Colorado Wrongful Death law firm, The Law Office of Richard J. Banta, P.C. You may know that the best thing you can do for you and your family is to file a wrongful death lawsuit. While this is a good first step, you likely don’t know the first thing about filing this type of lawsuit.

This is why the attorneys from our Wrongful Death law firm in Denver, CO are here to help. We want to ensure you get compensated for things like funeral costs and burial expenses because we know that these costs can add up. However, you may be wondering if it is possible to recover any kind of compensation for the pain and suffering your loved one went through before they passed away.

How a Survival Action Works

When you want to specifically sue on behalf of the pain and suffering you know your loved one experienced before they passed away, this is known as a “survival action.” Similar to a straight forward wrongful death claim, you are filing a lawsuit against the negligent party because of the damage they have done. Due to the sensitive nature of these cases, we gently encourage surviving family members to speak with a Wrongful Death lawyer Denver CO families can depend on, from The Law Office of Richard J. Banta, P.C.

However, with a survival action, you are specifying that there should be some type of compensation because your loved one suffered before they died. You can view a survival action similar to a personal injury lawsuit. If your loved one had survived the accident, they likely would have filed a personal injury lawsuit for the pain and suffering they would have endured. An attorney from our Colorado Wrongful Death law firm in Denver can answer any questions you may have.


Determining Who Files a Wrongful Death Lawsuit/Survival Action

The person who files a survival action or wrongful death lawsuit will depend on a few things, though typically the people who can file for this are:


  • The executor of your loved one’s estate
  • Their spouse
  • Their children
  • Legal financial dependents
  • Their parents


In other situations, it is possible for other family members (like siblings or grandparents) to file a wrongful death claim as well. 


What You Need To Prove 

When it comes to providing evidence for your claim, you will want to show that there was a person or party who owed your loved one a duty of care, failed to uphold this duty, and subsequently caused their injuries that led to their death. With a survival action, you will want to show that they also experienced pain and suffering before they passed away. Our CO wrongful Death law firm attorneys can offer insight into how to gather strong evidence in support of your claims. 


If you would like to see how the attorneys from our Denver, Colorado Wrongful Death law firm can help you with your wrongful death claim or survival action, please reach out to The Law Offices of Richard J. Banta, P.C. now.