A wrongful death lawsuit arises if someone’s negligent conduct ends up causing a fatality. That someone may be a corporation or an individual. When a wrongful death occurs, the deceased’s family members may file a claim to recover damages that result from the death of the victim.
Every state court allows for a wrongful death suit. However, every state has its own statute to govern who may file that claim. The statute also dictates when a person must file it by.
Colorado, like most states, places a priority on who may initiate claims for wrongful death benefits. Only the deceased’s spouse, heir, or parents may file the claim for wrongful death against the party at fault.
Who Gets the Money in a Wrongful Death Lawsuit?
Only close family members can file a lawsuit for a wrongful death benefit. There is a specific order of priority in which the family can submit a claim.
These are the three categories of family members who can file for wrongful death: spouse, children and parents. Nieces, nephews, and siblings cannot file a claim for wrongful death in Colorado. The state does entitle designated beneficiaries to bring a claim for wrongful death.
The deceased’s surviving spouse has priority when filing a suit for wrongful death. If the deceased’s spouse is no longer living, their surviving children can file the claim. If the deceased person was unmarried and had no children, his or her surviving parents can bring the claim.
Why Do People Sue for Wrongful Death
The reason for filing a wrongful death suit is to supply financial support for the deceased’s remaining family members. Those survivors may have relied on that loved one for their income.
Most states, Colorado included, give the grieving family some time to put together a case. The deceased’s spouse has up to one year after the death to file a case for wrongful death.
Filing A Suit for Wrongful Death Benefits
A wrongful death lawsuit in Colorado Springs must be filed within two years of the victim’s death. If lawsuit is not filed in the two year window the case can be dismissed and recovery is lost.
After a year has elapsed, the state of Colorado allows heirs to file a lawsuit for wrongful death. Alternatively, they can join in with the suit of the deceased’s surviving spouse.
Should there be no surviving heirs or spouse, the parents of the deceased may file a suit for wrongful death. The deceased’s siblings are not legally entitled to file for wrongful death in Colorado. This holds even when they are the deceased’s only surviving relatives.
To avoid problems with the statute of limitations, anyone considering a wrongful death lawsuit should speak with a top-rated wrongful death attorney in Colorado Springs as quickly as possible to protect their rights.
What Is the Definition of Surviving Heirs?
The law in Colorado defines surviving heirs as the victim’s “lineal descendants.” The deceased’s parents can, therefore, only file for wrongful death if the deceased had no children or spouse. This holds even when the deceased’s spouse files no suit for wrongful death. There is only one other person who can file a suit for wrongful death. This is the named “designated beneficiary” of the deceased.
Is A Wrongful Death Suit Complicated?
Usually, proceedings for cases of wrongful death are fairly straightforward and efficient. However, there are always exceptions to the rule. Sometimes, several parties have claims that conflict with each other. This makes proceedings more complex. Examples include a deceased person who has a common law spouse, and a claimed heir has unproven paternity.
What Types of Compensation are Available for Wrongful Death?
If you file a wrongful death claim in Colorado, you may be able to recoup damages for several things. These include:
- The amount of wages that the deceased would have earned had he or she lived.
- Any benefits that the deceased lost, such as life insurance.
- Personal losses, including companionship, love, care, comfort, protection, affection, and assistance
The estate of the deceased may also seek compensation in respect of
- Hospital bills
- Medical care
- Emergency care costs relating to the deceased person’s final injury or illness
- Burial and funeral expenses
Considering Your Legal Options
Losing a loved one is never easy. The last thing many people want to do is deal with lawyers and the Colorado legal system. However, despite how difficult this time is, time is of the essence and the surviving family members need to consider all their legal options.
King & Beaty are experienced Colorado wrongful death lawyers. We have extensive experience in helping families who are grieving the loss of a loved one because of negligent conduct. We can help you to obtain compensation and find closure so you can manage the financial impacts of your loss.
If you’re ready to learn more about how to claim wrongful death benefits in Colorado, contact us today. We’re here to listen and to help you to get all the compensation you deserve. Contact us to schedule your free personal injury consultation in Colorado Springs to determine if you have a case.
Call (719) 505-9999
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