An Overview of Wrongful Death in Colorado
Losing a loved one is one of the most traumatic experiences anyone can go through. When someone you love is lost forever due to another person’s senseless negligence, the hurt can be indescribable.
While no amount of money can ever replace a beloved family member, compensation can ease the burdens of funeral costs, medical bills, and other expenses. Fortunately, a knowledgeable wrongful death lawyer can assist you.
If someone you love has passed away because someone else acted negligently, you may be entitled to compensation. An experienced wrongful death lawyer in Denver & Colorado Springs, Colorado can help you decide the next steps in your case.
What Is Wrongful Death?
When a person dies due to another individual’s negligence, surviving family members may be able to pursue a wrongful death claim. A wrongful death case is filed in the civil court system as a lawsuit.
If an individual is found liable for the deceased’s death, the deceased’s family members may be entitled to compensation for the loss of their loved one.
For example, a drunk driver who struck another motorist’s vehicle, causing the motorist’s death, may be held responsible for the person’s death under a wrongful death claim.
In the fatal drunk driving scenario, the drunk driver may also face charges in the criminal system, but the wrongful death case is separate. Perhaps the most famous example of this is the OJ Simpson murder case. Simpson was found not guilty of murder in criminal court.
However, in the wrongful death case in civil court, Simpson was found liable for the deaths of his ex-wife and her friend.
Who Can File a Wrongful Death Claim in Colorado?
Each state has its own specific rules regarding who has legal standing to file a wrongful death claim.
In Colorado, the only person eligible to file a wrongful death claim within one year of the deceased’s death is the deceased’s surviving spouse. However, the surviving spouse can give written consent for the deceased’s surviving children to join the wrongful death lawsuit.
Beginning in the second year of the deceased’s death, the surviving spouse and any surviving children of the deceased can file a claim.
In the absence of a surviving spouse or surviving children, the deceased’s parents can pursue a wrongful death claim.
Damages in Wrongful Death Cases in Colorado
The wrongful death statute in Colorado dictates what types of damages surviving family members can expect to receive. Each case is different, but family members may be able to receive:
- Lost income of the deceased
- Funeral expenses
- Medical costs
- Loss of benefits
- Loss of love and companionship
Depending on the circumstances of the case, the court may also decide to award punitive damages, which are designed to serve as a deterrent against future bad conduct.
Statute of Limitation for Filing a Wrongful Death Claim in Colorado
If you have lost a loved one due to wrongful death, it’s important to speak to a wrongful death attorney right away. The time limit for filing a wrongful death claim in Colorado is two years from the deceased’s date of death.
Get Help from Wrongful Death Lawyers in Denver & Colorado Springs, Colorado
Nothing can replace someone you love. However, compensation can help ease financial burdens so you can mourn without worrying about paying the bills or making ends meet now that your loved one is gone.
If you believe your loved one died due to another person’s negligence, it’s a good idea to discuss your case with wrongful death attorneys in Denver & Colorado Springs, Colorado. Contact the attorneys of Alhasoon, Glidden & Glidden to get the support you need today!
