Losing a loved one is an unimaginably painful experience, and when their death is due to someone else’s negligence or intentional act, the grief can be compounded by a sense of injustice. In Colorado, families who have lost a loved one due to the negligence of another have the option to file a wrongful death lawsuit, seeking compensation and some measure of solace for their loss.
Whether you’re dealing with the loss of financial support, emotional distress, or the burden of funeral expenses, this guide will provide clarity and direction during a challenging time.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal action taken when an individual’s death is caused by the negligence or intentional act of another party. This lawsuit allows the deceased’s survivors, typically immediate family members, to seek financial compensation for their loss. The core aim of such a lawsuit is to provide relief for the loss of financial support, emotional distress, and funeral expenses resulting from the sudden death.
At the heart of a wrongful death claim is the requirement to prove that the death was directly caused by the wrongful actions of another, be it through negligence, recklessness, or deliberate harm. The lawsuit is usually filed by a representative of the deceased’s estate, often a close family member, on behalf of the surviving dependents or beneficiaries.
Who Can File a Wrongful Death Lawsuit in Colorado?
In Colorado, the privilege to initiate a wrongful death lawsuit is specifically designated to immediate family members of the deceased. During the first year following the death, this right is exclusively reserved for the spouse of the deceased. In situations where the deceased did not leave behind a spouse, or if the spouse decides not to file within this timeframe, the opportunity to file the lawsuit extends to the deceased’s children.
Beginning with the second year after the death, if neither the spouse nor the children have filed a lawsuit, the parents of the deceased become eligible to pursue a wrongful death claim. This tiered system prioritizes those most affected by the loss, ensuring they have the first opportunity to seek justice and compensation.
When Should You File a Wrongful Death Lawsuit in Colorado?
In Colorado, the timing for initiating a wrongful death lawsuit is governed by a specific legal deadline known as the statute of limitations. This timeframe is set at two years from the date of death. Failure to file a lawsuit within this period can result in the permanent loss of the right to seek compensation for the wrongful death.
What Damages Can Be Claimed?
In the context of a wrongful death lawsuit in Colorado, claimants have the right to seek compensation for both economic and non-economic damages. Economic damages encompass measurable financial losses, such as funeral expenses and the deceased’s potential future earnings. Non-economic damages address the emotional aspects of loss, including pain and suffering, loss of companionship, and emotional distress experienced by the survivors.
Starting the Lawsuit Process
When filing a lawsuit in Colorado, choosing a wrongful death attorney with a successful track record in similar cases is crucial. The lawsuit process requires gathering evidence, including medical records, the death certificate, and witness statements. This evidence supports the claim of wrongful death.
The final step is filing the lawsuit in court, which involves drafting and submitting a complaint to the appropriate court. Throughout this process, settlement discussions may occur, offering a potential resolution outside the courtroom.
Pre-Trial Motions and Discovery Phase
The lawsuit begins with pre-trial motions and discovery, where both parties gather and exchange information. This phase involves evidence requests, depositions, and legal motions that lay the groundwork for the trial.
Trial
During the trial, evidence and arguments are presented in court before a judge or jury, who will determine the defendant’s liability and decide on the damages to be awarded based on the presented evidence.
Negotiations for Compensation Before or During Trial
Negotiations for compensation may occur before or during the trial, with both parties aiming to settle the lawsuit through a financial agreement. Successful negotiations can avoid a prolonged trial, providing a quicker resolution for the plaintiff.
Statute of Limitations in Colorado
The statute of limitations in Colorado for a wrongful death lawsuit is two years from the date of death. This strict timeframe emphasizes the importance of timely action, as failure to file within this period bars individuals from pursuing legal action.
Contact Us Today
If you lost a loved one due to the negligence of another, you may be entitled to compensation. Contact the wrongful death lawyer at Law Firm Of Jeremy Rosenthal today to schedule a free consultation with an experienced wrongful death attorney on our legal team to learn how we can help.
