What Are Colorado’s Laws for Filing a Wrongful Death Claim?
The loss of a loved one is deeply challenging, and when the death is due to another party’s negligence or wrongful actions, the situation becomes even more difficult to navigate. Understanding Colorado’s laws regarding wrongful death claims can help grieving families protect their rights and seek the justice they deserve. This article provides insight into the legal framework surrounding wrongful death claims in Colorado, including who can file, what compensation may be available, and important timelines to keep in mind.
What Is a Wrongful Death Claim?
A wrongful death claim arises when a person’s death is caused by the negligence or intentional actions of another party. In Colorado, these claims are civil actions brought by eligible survivors to seek compensation for the financial and emotional impact of losing a loved one.
Who Can File a Wrongful Death Claim in Colorado?
1. Eligible Parties by Law
Colorado has specific rules on who is allowed to file a wrongful death claim. This eligibility changes depending on the timeline following the death:
- First Year: The spouse of the deceased has the exclusive right to file a wrongful death claim in the first year following the death. If the deceased had no spouse, the children have the right to file.
- Second Year: During the second year, both the spouse and any surviving children have the right to file a claim. If there are no children or spouse, the parents of the deceased may file.
- Executor or Estate Representative: The personal representative of the deceased’s estate can also file a claim for losses incurred by the estate, such as medical bills and funeral expenses.
2. Considerations for Multiple Parties
If there are multiple parties who have the right to file a claim, coordination is essential. For example, if both a spouse and children exist, they may choose to file together or separately. Consulting an attorney ensures that each eligible party’s rights are protected and avoids conflicts during the claim process.
Grounds for Filing a Wrongful Death Claim
1. Negligence or Recklessness
Most wrongful death claims are based on negligence, such as a car accident due to distracted driving or medical malpractice. In these cases, the plaintiff must prove that the responsible party failed to act with reasonable care and that this failure directly caused the death.
2. Intentional Acts
Wrongful death claims can also stem from intentional acts, such as an assault or another violent crime. While criminal charges might be pursued by the state, a wrongful death lawsuit is a separate civil action aimed at securing compensation for the surviving family members.
Potential Compensation in Wrongful Death Cases
1. Economic Damages
Economic damages are intended to cover quantifiable financial losses resulting from the death. These may include:
- Lost wages and benefits that the deceased would have earned
- Medical expenses related to the incident
- Funeral and burial costs
2. Non-Economic Damages
Non-economic damages compensate for intangible losses, such as:
- Emotional pain and suffering
- Loss of companionship and support
- Impact on the quality of life of the survivors
Colorado has caps on non-economic damages in wrongful death cases. As of recent updates, this cap is approximately $642,180, though this figure may be adjusted over time for inflation. Speaking with a wrongful death attorney at flanagan.law can provide current, specific information on compensation limits.
Important Timelines: The Statute of Limitations
1. Filing Deadline
In Colorado, the statute of limitations for wrongful death claims is two years from the date of death. Missing this deadline can forfeit the right to pursue compensation, making it critical for families to act promptly. Special exceptions may apply in cases involving criminal acts, so consulting with an experienced attorney is recommended.
2. How Timing Affects Eligibility
As mentioned earlier, the first year after the death is reserved for the spouse to file a claim. If the spouse does not take action within this period, other eligible parties may proceed with filing during the second year.
Real-Life Example: How a Wrongful Death Claim Can Make a Difference
Consider a family in Commerce City that tragically lost a loved one due to a commercial trucking accident. By working with a skilled attorney, they were able to file a wrongful death claim that secured compensation for funeral expenses and the financial support their family needed to move forward. This type of outcome underscores the importance of understanding your rights and seeking legal counsel to guide you through the process.
How to Get Started with a Wrongful Death Claim in Colorado
1. Consult with an Attorney
Working with an experienced wrongful death attorney is crucial to ensure that your case is handled with care and precision. The attorneys at flanagan.law have experience helping families in Denver, Aurora, Westminster, and throughout Colorado.
2. Gather Documentation
Collect all relevant documentation, such as medical records, accident reports, and witness statements. This information will form the foundation of your claim and help your attorney build a compelling case.
3. Take Prompt Action
Timeliness is critical in wrongful death cases. Even if the thought of legal action seems overwhelming, consulting with an attorney as soon as possible ensures that you don’t miss important deadlines.
Conclusion
Filing a wrongful death claim in Colorado is a path toward justice and financial relief for families facing the loss of a loved one. By understanding who can file, what compensation may be available, and the applicable timelines, survivors can make informed decisions to protect their rights. Consulting with a trusted attorney ensures that the process is managed effectively, providing peace of mind during a difficult time.
FAQ
1. Who can file a wrongful death claim in Colorado?
Initially, the spouse has the exclusive right in the first year. Children and parents may be eligible later if the spouse does not file.
2. How long do I have to file a wrongful death claim?
You have up to two years from the date of death to file a claim.
3. What types of compensation are available in a wrongful death claim?
Compensation can include economic damages like lost wages and funeral costs, as well as non-economic damages for emotional pain and loss of companionship.
4. Can a wrongful death claim be filed if there is already a criminal case?
Yes, wrongful death claims are separate civil actions that can be pursued alongside criminal cases.
5. How do I prove negligence in a wrongful death case?
Proving negligence involves demonstrating that the responsible party failed to act with reasonable care, directly leading to the death. An attorney can help gather evidence and build your case.
