Colorado Wrongful Death Attorney, Representation is Complicated

Posted on Apr 2nd, 2014 in Uncategorized

Wrongful death cases are always challenging, from the aspect of understanding all applicable laws, to the choice of legal firms that represent the plaintiff and the defendant, to the personal emotions related to both sides of the case. When a person, a business or an insurance company is involved in wrongful death litigation, it is imperative to procure an attorney for wrongful death with experience and standing in the Colorado Court System.

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In the posted Opinion of the Colorado Probate Court: In the Matter of James L. Gill, we see the complications of wrongful death litigation in action. After James Gill and his wife Mae Gill died in an auto accident, the personal representative for Mrs. Gill and her heirs, filed a wrongful death claim against Mr. Gill’s estate. However, because the Colorado State Constitution does not give jurisdiction to the Probate Court to hear cases involving the Wrongful Death Act, the claim was denied as the court stated the claimant did not have a judgment and had no right to payment from the estate.

State Farm Mutual Insurance Company also filed a claim asking the court if their corporation must defend itself against a wrongful death claim. This petition was also dismissed due to lack of subject matter jurisdiction. You can read more about this case including the use of an attorney for wrongful death here but the complications of this case are another clear example of why wrongful death actions require a firm with deep experience in the practice of wrongful death lawsuit settlements.

The attorneys at Gregory R. Giometti & Associates, P.C., have extensive experience handling wrongful death actions. If you require help with a wrongful death case, please start by downloading our free Ebook and then call Gregory R. Giometti & Associates, P.C. at (303) 333-1957.

Firm Overview

Gregory R. Giometti & Associates, P.C., is recognized as one of the top civil litigation firms in Colorado. Mr. Giometti and his associates are highly experienced trial attorneys who have conducted dozens of jury trials in both state and federal courts, mainly in Colorado, but also in Idaho, where Mr. Giometti is licensed as well. The focus of the firm’s practice is representation of insurance companies and their insureds in first and third-party claims.

Practice Areas

  • General Insurance Defense
  • Insurance Coverage Disputes – Declaratory Judgment Actions
  • Coverage Investigations – EUOs
  • Insurance Bad Faith Litigation – Statutory Bad Faith Cases
  • Disputed Property Insurance Claims – Hail Damage Claims – Appraisals
  • Motor Vehicle Accident Litigation – UM/UIM Claims
  • Premises Liability Claims
  • Construction Defect Litigation
  • Fire & Explosion Cases
  • Ski Accident Litigation
  • Wrongful Death Actions
  • Expert Witness Services

Contact Us

  • Gregory R. Giometti & Associates P.C.
    50 South Steele Street
    Suite 480
    Denver, CO 80209
  • Telephone: 303-333-1957
    Fax: 303-377-3460