7 Important Facts About Colorado Wrongful Death Cases
If a loved one has died, and you believe another party is responsible due to negligence, you may have a wrongful death case. Here are the seven critically important things you should know about wrongful death lawsuits in Colorado:
Wrongful Death Facts
- Wrongful death lawsuits in Colorado are civil suits that allow the surviving members of a deceased person to sue the person responsible for the death on the basis of negligence, recklessness or intentional behavior.
- There is a statute of limitations of two years from the time of death. If you’re going to file a wrongful death claim, it must be done within that time period.
- In the first year after the death, only the surviving spouse may file a wrongful death claim. Surviving spouses and surviving children may file in the second year. If there is no surviving spouse or children, surviving parents may file a claim.
- Surviving family members may seek damages for lost wages, employment benefits, and other legal compensation lost as a result of death. They may also seek damages for loss of love, comfort, companionship, care, assistance, protection, and affection of the deceased person.
- A representative of the deceased’s estate may also file a wrongful death claim in Colorado and seek damages for losses to the estate. These may include funeral and burial expenses, or medical, hospital, and emergency care expenses.
- A wrongful death lawsuit can be pursued simultaneously with a criminal case for the same action.
- A wrongful death claim can be brought against an individual or business for a wide range of causes, including auto and motorcycle accidents, slip and fall incidents, medical malpractice, employment safety violations, and defective products.