Losing a loved one due to someone else’s negligence or wrongful actions is a devastating and life-altering experience. In Denver, families of the deceased can seek justice and compensation through a wrongful death claim. Understanding the legal steps involved is crucial for families to ensure they handle the process correctly and respectfully. Here’s what families in Denver need to know about navigating the legal landscape after experiencing a wrongful death. Understanding Wrongful Death in Denver
Wrongful death in Colorado occurs when a person dies due to the negligent, reckless, or intentional actions of another. Common causes include car accidents, medical malpractice, workplace accidents, and criminal actions. Colorado law allows the deceased’s family or estate to file a wrongful death claim to seek compensatory damages for their loss.
Who Can File a Wrongful Death Claim?
Under Denver law, the right to file a wrongful death claim is prioritized as follows:
First Year after the Death: The spouse of the deceased has the exclusive right to file the claim. They may elect to allow the deceased’s children to also file during this period.
Second Year after the Death: Both the spouse and the children of the deceased can file the claim. If there is no spouse or children, the parents of the deceased can file the claim.
Types of Damages Recoverable
Compensation in a wrongful death claim can include:
Economic Damages: These cover the financial contributions the deceased would have provided, including lost wages, benefits, and funeral and burial expenses.
Non-Economic Damages: These address intangible losses, such as pain and suffering, loss of companionship, emotional distress, and loss of care and guidance.
Statute of Limitations
In Denver, the statute of limitations for filing a wrongful death claim is generally two years from the date of death. It’s crucial to adhere to these deadlines, as failing to file within this period can result in losing the right to seek compensation.
Key Steps in Filing a Wrongful Death Claim
Consult with a Wrongful Death Attorney: Specialized legal help is crucial. An experienced wrongful death attorney can offer guidance, help navigate the complex legal processes, and ensure your rights are protected.
Investigate and Collect Evidence: Your attorney will help gather the necessary evidence that supports the claim, including police reports, medical records, witness statements, and expert testimonies.
File the Claim: Your attorney will prepare and file a wrongful death lawsuit on behalf of the family. This involves detailing the negligence that led to your loved one’s death and outlining the damages being sought.
Negotiations and Trial: Many wrongful death claims are settled out of court. However, if a fair settlement cannot be reached, the case may go to trial. Your attorney will represent the family’s interests, presenting the case before a judge or jury.
Coping with Loss
While navigating a wrongful death claim, it’s also essential for families to seek emotional support. Counseling and support groups can provide solace and understanding during this difficult time.
A wrongful death claim cannot undo the pain of losing a loved one, but it can provide financial stability and a sense of justice to the bereaved family. By understanding the legal steps involved and enlisting the help of a competent attorney, families in Denver can navigate this challenging process with dignity and resolve. If you find yourself in this unfortunate situation, remember to act promptly to protect your rights and honor the memory of your loved one.
