What Qualifies as a Wrongful Death Case?

Posted by: Jun 21, 2017By Steve Roberts

Colorado law defines a wrongful death as the death of a person caused by the wrongful act, default, or neglect of another. Only certain individuals can file a wrongful death claim. In addition, they most file the lawsuit within a specific time frame. So, if you lost a loved one in an accident due to someone else’s negligence, recklessness, or illegal act, contact an experienced wrongful death attorney. They can help you hold the responsible parties accountable for your loss.What qualifies as a wrongful death case

Defining a Wrongful Death

A party can only file a wrongful death claim on behalf of a deceased victim in certain situations. The victim would have to have been able to file a personal injury claim against the at-fault party if he or she had survived. The following examples might justify a wrongful death claim in Colorado:

  • A driver killed in an intersection because an intoxicated person ran a red light;
  • A patient lost his or her life as a result of a doctor’s failure to remove a surgical instrument; and
  • A person passed away after an assault in the stairwell of his or her apartment complex after they issued repeated complaints about similar crimes committed against other tenants.

In these types of situations, the victim’s family members may be able to collect damages to cover the decedent’s expenses. These include funeral costs, lost benefits, loss of future income, pain and suffering, and the loss of the decedent’s companionship.

Who Can File a Claim?

Only certain individuals can file wrongful death claim in Colorado. For instance, only a surviving spouse can file a suit within the first year after a victim’s death. After the year mark, either the surviving spouse or any surviving children can pursue a claim. In the event that a decedent had no surviving spouse or child, his or her parents can file a claim on the victim’s behalf. Finally, the representative of a decedent’s estate can file a survival action to recover damages for certain losses.

Contact a Wrongful Death Lawyer in Colorado Today

Nothing can make up for the untimely loss of a loved one. But collecting compensation allows a decedent’s family members to stay afloat. This includes paying off medical bills and paying household expenses. This, in turn, can help ease the victim’s family members of some of their burdens while they mourn their loss. This is one of the most traumatic experiences that a family can go through. We dedicate ourselves to representing the interests of our clients. This is true whether the case is in settlement proceedings or the courtroom. To set up a free meeting with an experienced wrongful death attorney, contact the Law Office of Steve Roberts at (720) 515-7058.

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