The loss of a loved one is a profound and life-altering event. When that loss occurs due to someone else’s negligence or wrongful actions, it can intensify the grief and create a deep need for justice. In Colorado, the law provides a way for surviving family members to seek compensation through a wrongful death claim. This guide offers a compassionate and respectful overview of the eligibility requirements and the process involved, ensuring families can navigate this challenging time with clarity and dignity.
Understanding Wrongful Death Claims in Colorado
A wrongful death claim arises when a person’s death is caused by the wrongful act, neglect, or default of another party. In Colorado, these claims aim to provide surviving family members with financial compensation for their loss and hold the responsible parties accountable.Key Purposes of a Wrongful Death Claim
- Accountability for the negligent party’s actions.
- Financial support to cover expenses such as medical bills, funeral costs, and lost income.
- Justice for the deceased and a sense of closure for surviving family members.
Eligibility to File a Wrongful Death Claim
In Colorado, the law designates who can file a wrongful death claim and when:- During the first year following the death, only the deceased’s spouse has the right to file.
- In the second year, both the spouse and the deceased’s children are eligible. If there is no surviving spouse or children, the deceased’s parents may bring the claim.
- The personal representative of the deceased’s estate can also file a separate claim for damages suffered by the estate, such as unpaid medical bills or lost wages incurred before the death.
Types of Compensation Available
A wrongful death claim can provide financial relief to surviving family members by compensating for various losses. These damages may include:- Economic Damages: Covering medical expenses, funeral costs, and the loss of the deceased’s income or financial support.
- Non-Economic Damages: Compensating for emotional pain, grief, and the loss of companionship.
- Punitive Damages: Awarded in cases of egregious negligence or intentional harm, these damages serve to punish the at-fault party and deter similar conduct.
The Process of Filing a Wrongful Death Claim
Pursuing a wrongful death claim can be a complex process. Working with an experienced Denver wrongful death attorney can ease the burden and ensure all legal requirements are met.Steps in Filing a Claim
Initiating the Claim: The first step is to file the claim in civil court, adhering to Colorado’s two-year statute of limitations. This timeframe begins on the date of the deceased person’s death. If the wrongful death was caused by, or contributed by any governmental entity you must send in a special notice within 182 days of the death. Please look into Colorado’s Governmental Immunity Act for specific details. Gathering Evidence: Compile critical documents and evidence, such as medical records, accident reports, and witness statements. An attorney can assist in collecting this information. Calculating Damages: Assessing the full extent of financial and emotional losses is essential. This includes current expenses like medical bills and projected losses such as future income and benefits. Negotiating or Litigating: Many wrongful death claims are resolved through negotiation and settlement. If a fair settlement cannot be reached, the case may proceed to trial for resolution.
Key Considerations During the Process
- Document all expenses related to the death, such as burial costs and outstanding medical bills.
- Be mindful of communication with insurance companies, as their goal is often to minimize payouts.
- Engage with a compassionate attorney who understands the emotional toll of wrongful death cases and can advocate effectively on your behalf.
How a Denver Wrongful Death Lawyer Can Help
Navigating the legal complexities of a wrongful death claim is challenging during a time of mourning. An experienced Colorado attorney can provide invaluable assistance by:- Offering compassionate and personalized support tailored to your family’s unique situation.
- Investigating the case thoroughly to determine liability and build a strong claim.
- Representing you in negotiations or court proceedings to secure the maximum compensation possible.
