The loss of a loved one is a profoundly traumatic experience, and when that loss is the result of someone else’s negligence or wrongful actions, the pain can be compounded by anger and a sense of injustice. In Colorado, the law provides a legal remedy for families who have suffered such a loss, allowing them to pursue a wrongful death claim. However, understanding who is eligible to file a wrongful death claim in Colorado, as well as the legal nuances involved, is crucial for those seeking justice and compensation.
Understanding Wrongful Death in Colorado
Wrongful death claims are legal actions brought by the survivors of an individual whose death was caused by the wrongful act, neglect, or default of another party. This type of claim is intended to provide financial compensation to the surviving family members who are left to cope with the emotional and financial ramifications of their loved one’s untimely death. In Colorado, wrongful death claims are governed by specific statutes that outline who can file a claim, what damages may be sought, and the time limits within which a claim must be filed.
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Free Consultation Download PDFThe key legal principle behind a wrongful death claim is that the deceased person would have been entitled to bring a personal injury lawsuit had they survived. Because the individual is no longer able to seek redress, the law allows certain surviving family members to step into the deceased’s shoes and pursue a claim on their behalf.
Who Is Eligible to File a Wrongful Death Claim in Colorado?
Colorado law strictly limits who can file a wrongful death claim, and the eligibility to file is determined by the relationship to the deceased. In the first year following the death, only the surviving spouse has the right to file a wrongful death claim. If there is no surviving spouse, the decedent’s children are then eligible to bring a claim. This order of priority is designed to protect the closest family members and to ensure that only those most affected by the loss are able to seek compensation.
In the second year after the death, the surviving spouse and children may file the claim jointly. If there is no surviving spouse or children, the decedent’s parents may file a wrongful death claim. This provision reflects the recognition that parents, too, suffer a profound loss when a child dies, and they should have the opportunity to seek justice on behalf of their child.
In some cases, if the deceased individual left no surviving spouse, children, or parents, the right to file a wrongful death claim may extend to the deceased’s estate, represented by a designated representative or executor. The estate may pursue a claim for certain damages, such as medical expenses incurred prior to the death or funeral expenses. It is important to note, however, that the ability of the estate to seek compensation is more limited than that of immediate family members.
Statute of Limitations for Filing a Wrongful Death Claim
One of the critical aspects of filing a wrongful death claim in Colorado is adhering to the statute of limitations, which is the time frame within which a claim must be filed. Colorado law imposes a strict two-year statute of limitations on wrongful death claims. This means that surviving family members have two years from the date of the decedent’s death to initiate a lawsuit. If a claim is not filed within this period, the right to pursue compensation may be lost forever.
There are certain exceptions to this two-year rule, but they are rare and generally require the assistance of legal counsel to navigate. For example, in cases where the death was the result of a hit-and-run accident or where the identity of the responsible party was not immediately known, the statute of limitations may be extended. However, these exceptions are complex and should not be relied upon without thorough legal guidance.
It is essential for surviving family members to be aware of this deadline and to seek legal advice as soon as possible after the death of their loved one. Delays in taking legal action can jeopardize the ability to recover compensation, leaving the family without the financial resources they need to move forward.
Types of Damages Available in a Wrongful Death Claim
In a wrongful death claim, the surviving family members or the deceased’s estate may be entitled to various types of damages, depending on the circumstances of the case. These damages are intended to compensate the family for both the economic and non-economic losses they have suffered as a result of their loved one’s death.
Economic damages typically include tangible losses such as medical expenses incurred before the decedent’s death, funeral and burial costs, and the loss of the deceased’s future income and financial support. These damages can be substantial, particularly if the deceased was a primary breadwinner or had a promising career with significant earning potential.
Non-economic damages, on the other hand, are meant to compensate for the more intangible losses associated with the death, such as the loss of companionship, love, and emotional support. These damages acknowledge that the death of a loved one has far-reaching emotional consequences that cannot be easily quantified in monetary terms.
Colorado law also allows for the recovery of punitive damages in certain wrongful death cases. Punitive damages are not intended to compensate the family for their losses but rather to punish the wrongdoer for particularly egregious or reckless conduct. However, punitive damages are rarely awarded and are generally reserved for cases where the defendant’s actions were especially malicious or reckless.
The Role of Comparative Fault in Wrongful Death Claims
In some wrongful death cases, the question of comparative fault may arise. Comparative fault is a legal doctrine that allocates responsibility among multiple parties, including the decedent, for the accident or incident that led to the death. In Colorado, the concept of modified comparative fault applies, meaning that the amount of compensation awarded to the plaintiff may be reduced by the percentage of fault attributed to the decedent.
For example, if the decedent was found to be 30% at fault for the accident that caused their death, the damages awarded to the surviving family members would be reduced by 30%. If the decedent was found to be 50% or more at fault, the family may be barred from recovering any damages at all.
This aspect of wrongful death law can be particularly complex, as it requires a careful analysis of the facts and circumstances surrounding the death. It is not uncommon for defendants in wrongful death cases to attempt to shift blame onto the decedent in order to reduce their own liability. For this reason, it is critical for surviving family members to work with experienced legal counsel who can effectively counter such arguments and ensure that the family receives the full compensation they deserve.
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The Importance of Legal Representation in Wrongful Death Claims
Filing a wrongful death claim in Colorado is a complex and emotionally challenging process. The legal landscape surrounding these claims is intricate, with numerous rules and regulations that must be followed to successfully pursue a claim. Moreover, the grieving family is often ill-equipped to handle the demands of a legal case, given the emotional toll of their loss.
This is why it is essential to seek the assistance of an experienced wrongful death attorney who can guide the family through the legal process and advocate on their behalf. A skilled attorney will be able to investigate the circumstances of the death, gather evidence, and build a strong case to support the family’s claim for compensation. Additionally, the attorney can negotiate with insurance companies and opposing counsel to secure a fair settlement, or if necessary, take the case to trial.
Legal representation is particularly important in wrongful death cases because the stakes are so high. The compensation awarded in these cases can have a significant impact on the family’s financial future, and any missteps in the legal process can result in the loss of that compensation. By working with an attorney who is well-versed in Colorado wrongful death law, the family can have confidence that their case is being handled with the care and attention it deserves.
At the Law Firm of Mark S. Hanchey, we understand the profound pain and loss that comes with the wrongful death of a loved one. Our team is committed to providing compassionate and effective legal representation to families in Colorado who have suffered such a devastating loss. We know that no amount of money can ever truly compensate for the death of a loved one, but we are dedicated to helping our clients achieve a sense of justice and financial security in the wake of their tragedy.
If you have lost a loved one due to the negligence or wrongful actions of another party, we encourage you to contact the Law Firm of Mark S. Hanchey today. Our experienced attorneys will take the time to listen to your story, explain your legal options, and fight tirelessly to secure the compensation you and your family deserve. Do not wait to seek legal help; the sooner you reach out to us, the sooner we can begin the process of holding the responsible parties accountable and helping you move forward.