Filing a wrongful death claim in Denver requires identifying whether you have legal grounds for this type of claim and that you are one of the people who has the right to file a claim. Then, you will likely file an insurance claim to try to negotiate your claim before filing a lawsuit.
Valid Grounds for Wrongful Death Claims in Colorado
A wrongful death occurs when someone dies due to another’s negligence, recklessness, or intentional conduct. A common reason for wrongful death cases is fatal motor vehicle accidents. Other acts can provide a basis for wrongful death claims, such as:
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Medical malpractice
- Premises liability accidents
- Acts of violence
If the accident victim would have had the right to file a personal injury claim had they survived, there are probably legal grounds for a wrongful death claim.
Who Can File a Wrongful Death Claim?
Colorado law limits the right to file a wrongful death claim to the victim’s immediate family members. The surviving spouse can file a wrongful death claim within the first year of the death. Surviving children can bring the claim in the second year. If there is no surviving spouse or children, parents can file the claim.
Denver Wrongful Death Attorneys
Seeking a Settlement Through an Insurance Claim
You may choose to file a claim with the applicable insurance provider to seek justice and financial accountability following your loved one’s death. This process usually involves several steps, including the following:
- Gather documentation, such as medical records, the death certificate, and accident report
- Preserve evidence with the help of an experienced wrongful death lawyer, such as video footage, digital evidence, and witness statements
- Add up economic losses, including funeral expenses, burial costs, and lost financial support tied to the death
- Prepare a demand letter with your wrongful death lawyer that outlines why the insurance company should pay and how much
Working with an experienced wrongful death attorney is key. Your lawyer can help explain your legal rights, handle communications with insurance companies, and negotiate for a fair settlement while you grieve.
Filing a Wrongful Death Lawsuit
If the insurance company won’t agree to a fair settlement, you may decide to file a wrongful death lawsuit. Colorado’s statute of limitations gives you two years from the date of your loved one’s death to file this type of lawsuit. However, there are some exceptions, such as if the death was due to a hit-and-run accident, in which case, you have four years to file a lawsuit.
In your wrongful death lawsuit, your lawyer explains how your loved one died, why the defendant is responsible for the death, and the relief that you are seeking.
Even after you file a lawsuit, you can potentially settle your case, which could prevent you from having to go to trial.
Contact Us for a Free Consultation Today
The legal team at Dulin McQuinn Young can help you through every step of the legal process.
Call us today at (303) 246-1111 for a free consultation.