A Colorado Wrongful Death Lawsuit Can Help Family Members Get Compensation – and Closure
When a loved one is suddenly and senselessly killed because of someone else’s negligence or recklessness, those left behind may wonder what constitutes a valid claim for wrongful death in Colorado. This is one of many questions that family members have in the wake of such a tragedy. As they process their grief and loss, the victim’s loved ones also want to know what happened and why. They may not know how to move forward emotionally, practically, or financially. And they may not know what to do next, who to ask for help, and how they can hold accountable the person who upended their lives.
A claim for wrongful death often provides the answer to these questions. These lawsuits allow certain family members to seek compensation from the person responsible for their loved one’s death. But not every death is “wrongful,” and not everyone who suffers because of that death has valid claim to a wrongful death lawsuit in Colorado.
When Is a Death “Wrongful” In Colorado?
Colorado law would consider a death “wrongful” if another person or entity’s negligence, recklessness, or intentional conduct caused the death.
Specifically, the Colorado Wrongful Death Act provides that:
“When the death of a person is caused by a wrongful act, neglect, or default of another, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages… the person who would have been liable, if death had not ensued, shall be liable in an action for damages notwithstanding the death of the party injured.”
Put in simple language, if the deceased had only suffered injuries in the accident rather than dying and could have filed a personal injury lawsuit based on the accident, certain designated family members can file a wrongful death action on their loved one’s behalf. Not only can those family members seek damages the victim could have recovered, such as pain and suffering and loss of future earnings, but their claim for wrongful death can also enable them to recover compensation for their own losses resulting from their loved one’s death.
Common fatal incidents that may result in a claim for wrongful death include:
- Car, truck, and motorcycle accidents
- Slips and falls
- Bicycle accidents
- Criminal or intentional acts of violence
- Defective products, medical devices, and medications
- Medical malpractice
Related: Can a Spouse Get Compensation for a Partner’s Injury?
Not Every Family Member Has a Valid Claim for Wrongful Death in Colorado
No matter how much the loss of a family member may impact their lives, not every relative of the deceased can make a claim for wrongful death and file a lawsuit in Colorado.
During the first year after the person’s death, only their surviving spouse may file a wrongful death suit. In the second year after the death, both the victim’s surviving spouse and any surviving children can pursue a wrongful death action.
If the individual killed does not have a surviving spouse or children, their parents can file a wrongful death suit at any time during those first two years.
Additionally, the deceased’s estate representative can file a “survival action” to recover certain types of damages.
Do You Have a Valid Claim for Wrongful Death? Speak to An Experienced Lawyer To Find Out.
Have you lost a loved one in death and believe that someone else may be responsible? Then speaking with an experienced personal injury lawyer is the best way to find out if you have a claim for wrongful death.
To fully understand your rights and determine whether you should sue for wrongful death, please contact the compassionate Colorado Springs wrongful death attorneys at King & Beaty to arrange your free initial consultation.
As compassionate and seasoned attorneys specializing in wrongful death cases, we are here to offer essential help to families dealing with such a painful period. We will attentively listen to your tale, respond to your queries, offer guidance, and seek justice for the deceased and financial assistance for those left behind.
Take the first step by arranging for your free initial consultation today.
