A wrongful death claim or case is defined pursuant to Colorado law as a death because of the negligence of someone else. A common cause of a wrongful death in the state of Colorado (and elsewhere) is a negligent, careless or reckless motorist.
Certain family members possess the legal ability to file a wrongful death lawsuit in the state of Colorado. For example, the surviving spouse of a person killed because of the negligence of a motorist is able to file this type of legal action. In fact, according to Colorado law, the surviving spouse is vested with the exclusive right to bring this type of lawsuit during the first year following the incident that caused the death of his or her husband or wife.
Colorado law permits a surviving spouse and living children the ability to pursue a wrongful death case, within the first-year limitation described a moment ago. In the event that there is no surviving spouse or child, any living parent of the deceased possesses the legal ability to pursue a wrongful death case.
Colorado law establishes a very specific time frame in which a surviving family member is able to file a wrongful death lawsuit. Generally speaking, this type of lawsuit must be filed within three years of the car accident (or other negligent conduct or incident that resulted in death). The failure of a surviving family member to file a lawsuit within this three-year period typically precludes that person from ever pursuing a wrongful death claim at any point in time in the future.
Wrongful death cases represent very complicated legal matters. In addition, insurance companies have established reputations for being aggressive in fighting these types of claims. Therefore, if you find yourself dealing with the death of a family member caused by a negligent motorist, you need to seriously consider retaining an experienced attorney.
If you’re navigating the challenges following a traffic accident or wrongful death, reach out to the law offices of Harding & Associates. Phil Harding offers an obligation-free consultation to discuss your case and provide guidance.
- Call: 303-762-9500 or 800-878-7888
- Email: info@hlaw.org
