Wrongful death cases involve complex legal matters, unanswered questions, unexpected expenses, and a permanently altered future for surviving families. When negligence causes a death, Colorado law allows certain eligible family members to pursue justice and accountability through a wrongful death process. Contact a Pueblo personal injury lawyer from Dulin McQuinn Young for immediate assistance with your wrongful death claim.

How Can a Pueblo Wrongful Death Lawyer Help?

Losing a loved one unexpectedly and prematurely can be one of the most difficult experiences someone can go through. It can be difficult to make sense of your legal rights, options, and deadlines, but the time is ticking on your right to pursue a personal injury claim. Having an experienced lawyer involved in your case from the beginning can make a meaningful difference. A wrongful death lawyer can help you understand whether you have a viable legal claim and guide you through the next steps.

By hiring a wrongful death lawyer, you will have a dedicated legal professional on your side who can:

Investigate the accident to determine how the accident that resulted in your loved one’s death happened
Gather evidence, including police reports, video footage, accident scene photos, and other crucial information, to help prove liability
File legal and insurance claims on your behalf
Manage communication with the insurance company
Consult with experts about your wrongful death case’s value
Review and advise on settlement offers
File a wrongful death lawsuit, if necessary

By delegating these critical tasks to an experienced attorney, you and your family can focus on healing while knowing that your legal rights are protected. Contact Dulin McQuinn Young for a free case review.

What Is a Wrongful Death Claim?

A wrongful death case arises when a person is killed due to the negligence, default, or misconduct of another person, and an eligible individual exists to file such a claim. Wrongful death claims are civil claims, not criminal cases. They may arise from fatal car accidents, truck collisions, premises liability incidents, or other acts of carelessness. The purpose of this type of case is to prove that another person or entity is legally liable for the death. Courts and insurance companies do this by providing compensation to the surviving family.

Who Can File a Wrongful Death Claim in Colorado?

Within the first year of death, the surviving spouse can file a wrongful death claim. In the second year, the surviving spouse and children can file a claim. If the decedent had no surviving spouse or children, the decedent’s parents or an eligible beneficiary can file a wrongful death lawsuit.

Additionally, the personal representative of the decedent’s estate can file a survivor action, which is a special cause of action related to damages to the estate. This type of claim seeks financial recovery for damages sustained immediately after the injury but before death, such as lost wages and medical bills.

Damages Awarded in Wrongful Death Cases

No amount of money can ever bring your loved one back. While financial compensation may be the last thing on your mind, damages in wrongful death claims address financial and personal losses caused by death. You should not have to shoulder these burdens caused by someone else’s negligence.

A wrongful death claim may allow you to recover compensation for the following losses:

Wages that the decedent would have likely earned had they not died
Benefits that your loved one would have received if they had survived, such as retirement benefits
Funeral expenses and burial costs
Loss of love, companionship, affection, society, assistance, and consortium

An experienced Pueblo wrongful death lawyer can help identify all the damages that you can seek as part of your legal claim.

How to Prove a Wrongful Death Claim

In most wrongful death cases, it is necessary for an attorney to prove that the defendant acted negligently, which requires showing the following legal elements:

The defendant owed the victim a legal duty of care.
The defendant breached the duty of care.
The breach caused the death.
An eligible beneficiary suffered damages because of the death.

Here is how this would work in a car accident case:

The defendant owed the victim a legal duty to follow traffic laws and not cause an accident.
The defendant breached the duty of care by speeding, texting or driving, drinking and driving, or otherwise driving unsafely.
The breach caused the death. If the driver hadn’t been speeding, texting, or intoxicated, the accident would not have happened.
The death caused the family to suffer damages, such as the loss of the decedent’s income.

An experienced attorney can gather evidence to help prove all of the elements of your claim, such as:

Medical records
Autopsy reports
Witness statements
Video surveillance footage
Event data recorders
Accident scene photos
Receipts and invoices
Reports from accident reconstruction experts

What Is the Statute of Limitations in a Wrongful Death Claim in Colorado?

Statutes of limitations are the time limits that apply to legal claims. They can apply to criminal cases, as well as civil ones. In Colorado, the statute of limitations for wrongful death claims is 2 years. This time limit begins on the day of your loved one’s death. If you don’t file a lawsuit within the second anniversary of your loved one’s death, you can be barred from recovering compensation from the courts.

Even with a two-year time limit, it’s crucial that you take prompt action following a loved one’s death. The time limit can be shorter in some cases. Additionally, your lawyer will need time to conduct a proper investigation and try to negotiate an out-of-court settlement. An experienced lawyer can review your particular situation to determine the time limit that applies in your case.

Contact Us for a Free Consultation to Discuss Your Case

At Dulin McQuinn Young, our Pueblo wrongful death lawyers help grieving families pursue legal claims to seek justice and accountability following the death of a loved one. If you would like to learn whether you have legal grounds to file a wrongful death case against the party responsible for your loved one’s death, contact us today for your free case review.