When a family member dies unexpectedly due to the negligent actions of another party, you may be able to file a wrongful death claim in Colorado to pursue some semblance of justice. However, Colorado law restricts who can file these claims, when they can be filed, and why they can be filed.
An experienced wrongful death lawyer from Dulin McQuinn Young can explain if you are within the class of individuals who can file a Colorado wrongful death claim.
Limitations on the Right to File Wrongful Death Claims
To file a wrongful death claim, you must be able to show that the death meets Colorado’s definition of a wrongful death, which occurs when a death is due to the wrongful act, negligence, unskillfulness, or intentionally harmful conduct.
If a death occurs for any of these causes, legal action may be brought against the responsible party in civil court to compensate the victim’s family, but only by certain family members provided for under state law. Who can file also depends on how long ago the death occurred.
Within the First Year
In the first year following the death, the surviving spouse is granted the exclusive right to file a wrongful death claim under Colorado’s Wrongful Death Act. The spouse can elect to allow the heirs to join the spouse’s wrongful death claim or to file their own claim.
If there is no surviving spouse, the heirs or a designated beneficiary can file the claim. If none of these parties exist, the decedent’s parents or siblings can file the case.
Within the Second Year
In the second year following the death, any of the following parties could file a wrongful death claim in Colorado:
- The surviving spouse
- The decedent’s heirs
- The spouse and heirs
- The designated beneficiary of the decedent
If the decedent has none of the above or the decedent was an unmarried minor, their parents can file the claim. If there are no surviving parents, the decedent’s siblings can file the claim. If there are no surviving siblings, their children can file the claim.
In any event, the time limit to file a wrongful death lawsuit is two years from the date of death. Missing this timeframe can mean forfeiting your right to compensation and potentially precluding you from seeking justice in civil court.
Damages to Claim in a Wrongful Death Case
The intent behind damages in a wrongful death case is to compensate the family for economic damages they would not have incurred but for the premature death and to acknowledge how the loss has emotionally affected them.
Damages you can include as part of your claim include the following:
- Final medical expenses
- Funeral expenses and burial costs
- Loss of the decedent’s income and services to the household
- Pain and suffering, subject to limitations by law
- Loss of companionship and emotional loss, subject to limitations by law
The cap on non-economic damages in Colorado wrongful death cases was recently raised to $1.5 million.
Contact Our Colorado Wrongful Death Lawyers for Legal Help and Representation
If you have recently lost a loved one due to someone else’s negligent or wrongful conduct, the compassionate legal team at Dulin McQuinn Young is here to guide you in your pursuit of justice.
Contact us today to learn more about the legal process and for help handling your claim.