A wrongful death in Colorado is a death caused by a wrongful act, neglect, or default of another. An individual or corporation may cause a wrongful death.
A wrongful death claim is a type of personal injury claim. Eligible persons bring wrongful death claims to recover the damages they sustained due to the death of another.
Building and proving a wrongful death claim in Colorado is a complicated legal process. Before a person can file a wrongful death claim, they must meet specific statutory qualifications. Then, the claimant must satisfy the legal elements of a wrongful death claim.
Read the following to learn about the evidence required to prove a wrongful death claim in Colorado. If you suspect your loved one was the victim of a wrongful death accident, contact an experienced Denver wrongful death attorney for advice.
To read Colorado’s Wrongful Death Act, please see C.R.S. 13-21-202.
Who Can File a Wrongful Death Claim in Colorado?
Colorado statutes permit the following person(s) to file a wrongful death claim:
- The surviving spouse during the first year following a death; then,
- Any surviving children; and
- If there are no children, any surviving parents.
An eligible claimant must meet and prove the elements of a negligence case to obtain compensation for wrongful death in Colorado.
Negligence in a Wrongful Death Claim in Colorado
Proving negligence in a wrongful death claim requires establishing the following four elements:
- The negligence, default, or wrongful act of another was the actual and proximate cause of the decedent’s death;
- The decedent would have been entitled to recover for their injuries had they survived;
- The decedent had an eligible heir to seek compensation for their death; and
- The decedent’s heir suffered monetary damages as a result of their death.
Each of the above elements must be supported by evidence to win a wrongful death claim in Colorado.
Evidence Used to Build a Wrongful Death Claim
There are several types of evidence used to build a wrongful death claim. These include but are not limited to:
- Police reports;
- Eyewitness reports;
- Accident scene photos;
- Defective or dangerous product reports;
- Medical records;
- Records of lost earnings, bonuses, and benefits;
- Funeral and burial expenses;
- Causation expert testimony;
- Accountant expert testimony; and
- Medical expert testimony.
There are deadlines to file wrongful death claims in Colorado. Beyond these, you cannot recover financial compensation for your losses.
Speak with an experienced wrongful death attorney today to ensure your claim is filed on time.
Contact an Experienced Denver Wrongful Death Attorney Today
Wrongful death claims can be complex and confusing for non-lawyers. If you suspect your loved one suffered a wrongful death in Denver, speak with an experienced personal injury attorney at Dulin McQuinn Young.
We can walk you through your claim eligibility and advise you of your filing deadline. Dulin McQuinn Young has fought for innocent victims across Colorado for over 20 years.
We are proven trial attorneys and have dedicated our careers to obtaining maximum compensation for injury victims. Schedule your risk-free consultation with Dulin McQuinn Young by calling our professional staff now at (303) 246-1111!