At Dulin McQuinn Young, our hearts go out to anyone who has experienced the tragic death of a loved one due to the negligence of another. While there is nothing that we can do to bring your loved one back, we are prepared to fight vigorously and present a civil wrongful death claim to hold the responsible party accountable for the harm they caused. Call our Westminster personal injury attorneys today to schedule a free and confidential consultation.
Colorado Wrongful Death Claims Explained
A wrongful death claim is a civil cause of action that seeks redress after someone’s death is caused by the wrongful act, neglect, or default of another person, business, or entity. These civil claims are distinct and not dependent on any underlying criminal case. Instead, the focus is on awarding financial compensation to specified individuals to compensate for the economic and non-economic harm the defendant caused.
Colorado law generally limits the filing of a wrongful death claim to the surviving spouse within the first year of the death. Other individuals who may be able to file within the second year of death may include the surviving children, parents, or designated beneficiary, depending on the circumstances.
What Damages Are Awarded in a Wrongful Death Claim?
Civil courts can award damages to compensate for the losses your family has experienced, such as:
- Medical costs to treat injuries leading up to the death
- Lost wages for income that the decedent would have earned had they survived the fatal injury
- Funeral expenses and burial costs
- Pain and suffering
- Emotional distress
- Loss of companionship, love, and emotional support
- Loss of parental guidance (for surviving children)
Properly presenting and evaluating damages in a wrongful death claim can be challenging, so it’s helpful to work with an experienced lawyer.
What Should I Do If I Suspect My Loved One’s Death Was a Wrongful Death?
If you believe that your loved one died due to the negligent or wrongful acts of another in a fatal car accident, take these steps to protect your legal rights:
- Gather evidence: Gather as much evidence as quickly as possible, as crucial evidence could quickly be lost, destroyed, or overwritten if not properly preserved. Take pictures of the accident scene and anything relevant to your loved one’s death, such as damaged vehicles, a defective product, or an unsafe condition that contributed to the accident.
- Request medical records and other documents: If you have the legal authority, obtain your loved one’s medical records, including their most recent physical exam, records related to their cause of death, the autopsy report, and the death certificate.
- Request a copy of the official accident report: Ask the police or other authorities for a copy of the accident report.
- Save receipts and invoices: Keep all documentation related to the economic losses that your family has suffered, including medical bills, lost wage reports, funeral costs, and burial expenses.
- Contact an experienced wrongful death lawyer: Insurance companies assign insurance adjusters to claims, hoping to minimize their financial responsibility. You can level the playing field by hiring an experienced wrongful death attorney who can manage your communications with them.
Contact Our Westminster Wrongful Death Lawyers Today
Your time to take legal action following a wrongful death claim is limited. Don’t delay. Contact us now for a free consultation.