A wrongful death action is brought on behalf of an individual who died due to someone else’s negligence. However, there are concise time limits to meet to recover from the responsible parties.
The thought of handling a lawsuit while grieving the loss of a loved one can feel overwhelming. No one should have to navigate such difficult times alone. That’s why you need to hire an experienced Denver wrongful death lawyer who can provide legal counsel.
Our Denver wrongful death lawyers can handle all legal proceedings on your behalf so you can take the time you need to grieve. And while we understand that no amount of money can make up for your loved one’s life, the liable parties should be held accountable. Read on to find out more about Colorado wrongful death claims.
What Are the Wrongful Death Laws in Colorado?
Under Colorado Colo. Rev. Stat. § 13-21-201 and § 13-21-202, a death caused by the wrongful act or negligence of another can be the basis of a legal claim for financial compensation. Would the deceased person have brought a personal injury claim if they were still alive? If the answer is yes, you most likely have grounds for a wrongful death claim.
You can sue another party for wrongful death if any of the following led to the death of your loved one:
- intentional torts
- criminal acts
The surviving family members can seek financial compensation for their deceased loved one. In addition, they can recover damages related to wrongful death. Common types of cases for wrongful death claims in Colorado include:
The sudden loss of a loved one is devastating. We may be able to help you rebuild your life after enduring such a grave tragedy. As compassionate legal professionals, we can offer you support on all legal fronts through these difficult times. Contact us today for a free case review.
How Can You Prove a Wrongful Death?
To prove wrongful death, the plaintiff must establish that the defendant was responsible for the death of their loved one.
You can establish liability by showing negligence. Keep in mind that any ground for a personal injury claim may be used. So, for example, if your loved one died in a car accident, you would need to prove the defendant’s negligence caused the car accident. Then, they would be legally responsible for the death of your loved one. Negligence means the defendant lacked reasonable care under the circumstances.
What Kind of Suit Is a Wrongful Death Case?
Wrongful death is a civil suit. The purpose of a wrongful death suit is for surviving family members to seek compensation for their losses. While sometimes a defendant may face separate criminal charges, the wrongful death claim is strictly a civil suit.
Who Can File the Wrongful Death Claim in Colorado?
In the first year, within the date of the accident, the deceased person’s spouse can file a claim. Then, the spouse, children, or beneficiary can file two years after the accident.
If a surviving spouse gives consent for the children to file within the first year of the accident, they may do so.
If the deceased person has no spouse, children, or beneficiaries, their parents may file a suit.
What Damages Can I Recover From a Wrongful Death Suit?
In Colorado, you can recover economic and non-economic damages, including:
- Medical bills
- Lost wages the person would have earned if they were still alive
- Value of services the person would have used to provide
- Burial costs
- Funeral expenses
- Pain and suffering
- Loss of consortium
- Emotional distress
We fight for justice on behalf of families grieving the loss of their loved ones. Contact us today, and we will give you a free case review. Then, we can help you determine if you have sufficient grounds for a legal claim.
How Long Do You Have to Make a Claim in Colorado?
The statute of limitations in Colorado for wrongful death claims is two years from the death of your loved one. Generally speaking, these timelines are not very lenient. So, it’s critical to file a claim within the deadline. If you do not file within two years, you might forfeit your right to seek compensation.
Is a Survival Action the Same as a Wrongful Death Action?
No. While a wrongful death suit is brought forth by the loved ones of a deceased person for damages. On the other hand, a survival action is a case for damages the decedent suffered before death. Survival actions help family members to account for the victim’s losses.
For example, if your loved one did not immediately die after a fatal accident, they may have suffered before passing away. In essence, you can file a survival action if the deceased would have had grounds for personal injury if they survived.
Family members often file a survival action and a wrongful death together. Each claim allows for the recovery of different types of damages. For example, with a survival action, you can recover damages like:
- Loss of earnings before their death
- Medical bills
- economic damages
In a survival action, you cannot recover for non-economic damages like pain and suffering or scarring and disfigurement. In addition, you may not recover lost wages after their death.
Contact an Experienced Colorado Wrongful Death Attorney
Losing a loved one because of another person’s negligence is devastating. Wrongful death cases are often the most difficult and emotionally charged cases that attorneys must handle. While no amount of money can ever replace your loved one’s life, you still deserve fair recovery for damages. Furthermore, no one should shoulder the financial burdens alone while grieving their lost loved one.
Our Denver wrongful death lawyers will offer you caring and compassionate help. In addition, we will handle all legal proceedings on your behalf. An accident that takes a loved one will change your life, but we will fight to protect your future. We always put our clients first and provide direct, transparent communication.
Contact us today for a free case review or call (720) 500-HURT.