Losing a loved one is never easy, but it’s even more difficult when you know that the death was due to someone else’s careless actions and could have been prevented. Coupled with the emotional grief that often accompanies a sudden and unexpected death is the financial distress of such a tragedy befalling your family. While nothing can ever bring your loved one back, a wrongful death claim may be able to offset some of the financial burden caused by the death.
An experienced wrongful death attorney from Dulin McQuinn Young can guide you through the legal process of seeking justice and accountability from the negligent party who caused your loved one’s death. We handle all legal aspects of your claim so that you have the space and time to grieve. Contact our Centennial personal injury lawyer today for a free consultation.
What Is a Wrongful Death in Colorado?
Colorado Revised Statutes, Section 13-21-202 states that the right to file a wrongful death claim arises when a person’s death is caused by someone else’s wrongful act, neglect, or default that would have allowed the victim to file a personal injury claim had they not died. Under this broad definition, a wrongful death can be caused by negligent, reckless, malicious, or intentional actions. However, most wrongful death claims are based on negligence, meaning that the death occurred because someone failed to act with the same degree of care that a reasonable, prudent person would have acted under similar circumstances.
While wrongful death cases can be based on various types of situations, the wrongful death attorneys at Dulin McQuinn Young are prepared to handle legal claims involving:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bus accidents
- Pedestrian accidents
- Snowmobile accidents
- Construction accidents
- Slip and fall accidents
- Premises liability incidents
- Drowning and pool accidents
- Product liability accidents
The question in these types of cases is, “Could the death have been prevented if reasonable care had been taken?” If the answer is “yes,” there may be valid grounds to file a wrongful death case.
Types of Financial Compensation Available in Wrongful Death Claims
Wrongful death cases center on awarding damages to surviving family members who have lost a loved one due to another’s conduct. These damages can be either economic or non-economic in nature.
Economic damages cover the financial losses associated with the death. They are paid to the decedent’s surviving spouse, children, or family members. Examples of economic damages include:
- Lost income and benefits
- Funeral costs
- Burial expenses
Non-economic damages involve losses that are more difficult to quantify but recognize the emotional harm that an unexpected death causes, such as:
- Emotional distress
- Grief
- Pain and suffering
- Loss of the decedent’s companionship, care, guidance, and comfort
Our wrongful death attorneys at Dulin McQuinn Young can work tirelessly to identify all of the damages that your family is entitled to recover.
Who Can File a Wrongful Death Claim in Colorado?
Colorado limits the parties and time that affected people have to file a wrongful death claim. In the first year following the death, only the surviving spouse has the right to file a wrongful death claim. However, they can make a writing allowing the decedent’s children to file the wrongful death claim alone or with them. If the decedent was unmarried, their children or designated beneficiary can file a wrongful death lawsuit.
In the second year following the death, various parties may be able to file a wrongful death case, such as:
- The surviving spouse
- The children
- The spouse and children together
- A designated beneficiary
Wrongful death cases must be filed within two years of the decedent’s death, otherwise, the affected parties can forfeit their right to recover compensation through the civil court system.
Do I Have a Valid Wrongful Death Case?
While wrongful death cases can be based on various scenarios, they are most often based on the legal concept of negligence. This legal theory involves the following four elements:
- Duty: The defendant owed the decedent a duty of care or a general obligation to act in a reasonable and prudent manner.
- Breach of duty: The defendant violated the duty of care.
- Causation: The defendant’s breach of duty of care was the legal and proximate cause of the victim’s fatal injury.
- Damages: The defendant’s breach of duty led to the family’s damages.
Some wrongful death cases are based on other legal doctrines, such as breach of warranty or an intentional tort. An experienced wrongful death attorney can evaluate your situation and explain if you have a viable wrongful death claim. Contact us today to schedule a free case review.
Civil vs. Criminal Actions
You don’t have to prove that someone committed a crime or had the intent to kill to prove a wrongful death claim. Proving negligence is enough. Criminal cases involve a higher burden of proof with proof beyond a reasonable doubt than civil cases, which use the preponderance of the evidence standard. For this reason, there can be inconsistent results in criminal and civil cases.
Additionally, the purpose of a criminal case is different than a wrongful death case. A criminal case is focused on punishing the defendant for committing a crime, while a wrongful death claim concentrates on compensating the survivors for the losses they suffered due to the death. A criminal prosecutor does not directly represent the victim’s family as a wrongful death attorney does. Instead, they focus on representing society at large.
Wrongful Death Cases vs. Survival Actions
In some cases, it may be possible to file a survival action instead of or in addition to a wrongful death claim. A survival action focuses on damages sustained between the victim’s injury and the time of death. Survival actions allow the estate to recover compensation for medical costs incurred by the decedent before death, lost earnings, and other expenses. An experienced attorney can help determine which legal action or actions are available for your family.
Contact Our Compassionate Centennial Wrongful Death Lawyers Today
For help with all aspects of your wrongful death claim, contact Dulin McQuinn Young. We can discuss your situation during a free consultation.