Everything You Need to Know About Filing a Wrongful Death Claim in Colorado
If someone dies in Colorado due to the wrongful conduct of another person or corporation, the family of the deceased may file a wrongful death claim. The primary purpose of a wrongful death claim is to compensate the victim’s close family members. In some cases, the person responsible for the death will also face criminal charges; however, a wrongful death claim is a civil matter that exists independently of any criminal charges.
Wrongful acts can be negligent or intentional. Common examples include careless driving, defective products, and unsafe housing conditions. Wrongful acts can also extend to medical malpractice and fatal workplace injuries.
Read on to learn how a wrongful death attorney in Colorado can help you navigate the process of filing a claim.
Who can file a wrongful death claim?
Colorado sets guidelines around who can bring a wrongful death action in Colorado. These limitations depend on how long after the death the claim is filed.
Only the victim’s spouse can file a wrongful death claim in Colorado during the first year following the death. If they choose, the spouse can allow the decedent’s children or designated beneficiary to join the lawsuit; however, they are not required to do so. If the victim was unmarried, the individual’s children or designated beneficiary can file a claim.
In the second year after the death occurs, any of the following individuals may file a wrongful death claim:
- The spouse of the deceased
- The children of the deceased
- The decedent’s designated beneficiary
- If the victim did not have a spouse or children, nor did they choose a beneficiary, then their parents may file a claim.
What is the statute of limitations for wrongful death cases?
In most cases, Colorado requires family members to file a wrongful death claim within two years of the victim’s death. If you fail to file a claim within that time, you will permanently lose your right to compensation.
A few exceptions to this rule do exist. If the death occurred due to a fatal car crash, the family has three years to file a wrongful death claim. Additionally, if the defendant tries to hide evidence that proves wrongful death, the statute of limitations may be extended.
To avoid any problems with the statute of limitations, contact an experienced Denver wrongful death attorney immediately. A lawyer will be a vital resource as you navigate the ins and outs of the Colorado court system.
Winning a Wrongful Death Suit
To win the wrongful death claim, you need to prove that your loved one died due to negligence or intentional action of a third party.
Any damages you receive are typically divided into two categories: economic and non-economic. Economic damages cover financial losses associated with the victim’s death, such as lost income and benefits, medical bills, and funeral expenses. Non-economic damages are more difficult to quantify; they serve to compensate for less tangible losses, such as grief, suffering, and emotional distress.
Filing a Wrongful Death Claim in Colorado
If your loved one has passed away due to the wrongful act of another, do not hesitate to contact Boyle Law Firm. We can make things right for your family.