Things You Should Know Before Filing Wrongful Death Lawsuits

If you’re considering filing a wrongful death suit in Denver, you may wonder what circumstances allow you to do so. Before seeking a wrongful death attorney in Denver, here are a few essential facts you should know about how to file wrongful death lawsuits.

What Qualifies as a Wrongful Death in Colorado?

The laws regarding wrongful death are covered in Colo. Rev. Stat. § 13-21-201 and § 13-21-202. A wrongful death is any incident another person is responsible for and/or could have prevented. It covers any incident for which the decedent could have filed a personal injury claim had they survived. Common causes for a wrongful death include negligence, personal assault, and recklessness. Find a wrongful death lawyer in Denver to begin the process of filing your claim.

Is Wrongful Death a Civil or Criminal Matter?

Wrongful death in Colorado is a matter for civil courts. The DA may file criminal charges separately, but a wrongful death claim is not dependent on conviction. Filing a wrongful death claim in Denver has several benefits for the victim, including the ability to file before criminal charges are brought. The burden of proof is also lower in a civil court.

How Do I Claim Damages?

Claiming damages works under the same process as a personal injury claim. The victim must demonstrate that the person against which they filed was responsible for the death or had a duty to prevent it and failed. You must also demonstrate why you are seeking damages and how the death affected you financially, physically, and/or mentally.

Damages are distributed between surviving relatives, minus expenses. Even survivors who did not bring the suit are entitled to a portion of the compensation. For more details on how to begin a wrongful death case, contact a Denver area wrongful death attorney like the ones at Boyle Law Firm.

Who Can File a Wrongful Death Claim?

In Colorado, wrongful death filings come in two categories, separated by year. In the first year after the death of a loved one, the spouse may file. The spouse, children, or other beneficiaries may file the claim during the second year following the death.. In addition, a surviving spouse may grant permission to the children to file a wrongful death claim in the first year following the incident. If the decedent was unmarried and without children at the time of death, that person’s parents may file the claim.

You typically have two years from the time of death to file a claim. It’s best to consult a professional as soon after the incident as you are able.