Losing a loved one is always difficult, but when the loss is caused by someone else’s actions or negligence, it can be even more painful. In these situations, families often want to seek justice for their loved ones and hold the responsible party accountable. This is where a wrongful death claim comes into play. A wrongful death claim allows the family to seek compensation for their loss, including emotional and financial damages. However, it’s important to know that there is a limited amount of time to file this claim. In Colorado, this time limit is known as the statute of limitations. Understanding the statute of limitations for wrongful death claims is critical because if you wait too long, you may lose the right to take legal action altogether. At, Law Firm of Mark S. Hanchey , we are here to guide you through the legal process and help you navigate the complexities of your case.
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Free Consultation Download PDFWhat Is a Wrongful Death Claim?
A wrongful death claim is a legal action taken by the family members of someone who has died because of another person’s wrongful or negligent behavior. This can happen in many situations, such as car accidents, medical malpractice, workplace accidents, or even criminal actions like assault. When a loved one passes away in these circumstances, it is not just an emotional loss, but it can also leave a family struggling financially due to medical bills, funeral costs, and the loss of the deceased’s income. The purpose of a wrongful death claim is to recover compensation for these types of losses. It’s a way to provide some relief to the family and hold the responsible party accountable for their actions.
In Colorado, only certain people can file a wrongful death claim. During the first year after the death, the claim can only be brought by the surviving spouse of the deceased. If there is no spouse, then the deceased’s children have the right to file the claim. If neither a spouse nor children exist, then the parents of the deceased may file the claim. After the first year, both the spouse and the children can file the claim together, or one party can choose to let the other file it alone.
Understanding the Statute of Limitations
The statute of limitations is the law that sets the time frame in which you must file your wrongful death claim. In Colorado, this time limit is generally two years from the date of the death. This means that you have two years from the time your loved one passed away to bring a wrongful death claim against the responsible party. It’s crucial to understand this deadline because if you file after the two-year mark, your case will likely be dismissed, and you will not be able to recover any compensation for your losses.
There are very few exceptions to this rule. In rare cases, the statute of limitations can be extended. For example, if the death was caused by someone who committed a felony, the statute of limitations may be extended to four years. Additionally, if the deceased’s death was not discovered to be caused by wrongful actions until later, the two-year period may begin at the time of the discovery rather than at the time of death. However, these exceptions are rare, and it’s important not to rely on them. Filing your claim as soon as possible after the death of your loved one is the best way to ensure you do not miss the deadline.
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Why the Statute of Limitations Matters
The statute of limitations exists for several reasons. First, it ensures that cases are brought while the evidence is still fresh. Over time, witnesses’ memories can fade, and physical evidence can be lost or destroyed. By setting a time limit, the law helps ensure that the legal process is fair to both parties. It also provides closure to the parties involved. If there were no time limit, potential defendants could be left in a state of uncertainty for years, not knowing if a lawsuit might be brought against them at some point in the future.
For the family of the deceased, the statute of limitations can provide motivation to act quickly and seek justice for their loved one. It is understandable that families may be overwhelmed with grief and the responsibilities that follow the death of a loved one. However, delaying legal action can jeopardize your ability to hold the responsible party accountable. If you wait too long, you may lose the opportunity to pursue a wrongful death claim altogether, no matter how strong your case may be.
What Happens If You Miss the Deadline?
If you fail to file a wrongful death claim within the two-year statute of limitations, the consequences are serious. In most cases, the court will dismiss your claim, and you will no longer have the legal right to seek compensation for your losses. This means that the responsible party will not be held accountable in a court of law, and you will not be able to recover damages for the emotional and financial impact of your loved one’s death.
It is important to remember that even if the two-year deadline is approaching, you should still seek legal assistance. An attorney can review your case and determine whether any exceptions apply to your situation. In some cases, there may be factors that could extend the statute of limitations, but these are rare. It is far better to act as soon as possible to protect your rights and ensure that you can move forward with your claim.
How to Protect Your Rights
If you believe that your loved one’s death was caused by someone else’s wrongful or negligent actions, it is important to seek legal advice as soon as possible. Taking swift action will help ensure that your claim is filed within the statute of limitations and that you have the best possible chance of recovering compensation for your losses. An experienced attorney can help you understand your rights, gather evidence to support your claim, and guide you through the legal process.
Additionally, filing a wrongful death claim promptly can help preserve important evidence that may be critical to your case. For example, if your loved one’s death was caused by a car accident, the physical evidence at the scene may disappear or degrade over time. Witnesses’ memories can also fade, making it harder to establish exactly what happened. By acting quickly, you can increase the chances of building a strong case.
The statute of limitations for wrongful death claims in Colorado is a critical factor to keep in mind when seeking justice for the loss of a loved one. With a general time limit of two years from the date of death, it is important for families to act quickly to protect their rights and ensure that they can hold the responsible party accountable. Failing to file within this time frame can result in the loss of the right to seek compensation for both emotional and financial damages.
Navigating the legal process after the death of a loved one can be overwhelming, especially while you are still grieving. However, the statute of limitations is unforgiving, and waiting too long to take action could mean losing the opportunity to seek justice. If you have lost a loved one due to someone else’s wrongful actions, you should consider reaching out to the Law Firm of Mark S. Hanchey. Our team is here to provide you with the support and legal guidance you need during this difficult time. Don’t wait until it’s too late to take action—contact us today to discuss your case and find out how we can help you seek the justice you deserve.