Losing a loved one due to someone else's negligence or wrongful actions is a devastating experience. In Colorado, as in most states, there are legal provisions in place to seek justice for such tragic situations. Colorado's wrongful death personal injury law provides a means for surviving family members to pursue compensation and hold responsible parties accountable for their actions. In this blog post, we will explore the key aspects of Colorado's wrongful death law, including who can file a claim, the types of damages available, and the statute of limitations.
Who Can File a Wrongful Death Claim in Colorado?
Colorado law specifies who can file a wrongful death claim on behalf of the deceased person. Generally, the following individuals have the legal standing to bring a wrongful death lawsuit:
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Spouse: The surviving spouse of the deceased person is usually the first in line to file a wrongful death claim.
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Children: If there is no surviving spouse or if the spouse chooses not to file a claim, the deceased's children can file a claim.
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Parents: In cases where there are no surviving spouses or children, the deceased person's parents may have the right to file a wrongful death claim.
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Personal Representative: If none of the above parties file a claim within a certain timeframe, the personal representative of the deceased's estate can initiate the lawsuit.
Types of Damages Available
Colorado law allows for various types of damages to be pursued in a wrongful death case, including:
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Economic Damages: This category includes compensation for quantifiable financial losses, such as medical expenses incurred before the death, funeral and burial costs, lost wages and benefits the deceased would have earned, and property damage.
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Non-Economic Damages: Non-economic damages address intangible losses such as pain and suffering, emotional distress, loss of companionship, and loss of consortium (loss of spousal companionship and services).
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Punitive Damages: In cases of extreme negligence or intentional misconduct, punitive damages may be awarded to punish the at-fault party and deter others from similar actions.
Statute of Limitations
It's crucial to be aware of the statute of limitations for filing a wrongful death claim in Colorado. The statute of limitations sets a strict deadline for initiating legal action. In Colorado, the statute of limitations for wrongful death cases is generally two years from the date of the person's death. Failing to file within this timeframe may result in the court dismissing the claim.
Conclusion
Losing a loved one is an emotionally challenging experience, and pursuing a wrongful death claim can be complex. Understanding Colorado's wrongful death personal injury law is essential if you believe that your loved one's death was the result of someone else's negligence or wrongful actions. While compensation can never truly replace a lost loved one, it can help provide financial stability for the surviving family members and hold responsible parties accountable for their actions. If you find yourself in such a situation, it's advisable to consult with an experienced attorney who can guide you through the legal process and help you seek the justice and closure you deserve.
CONTACT A WRONGFUL DEATH ATTORNEY IN COLORADO TODAY
At Hagen Nares PLLC, we have successfully represented clients who have been killed at no-fault of their own. We understand the laws established by the State of Colorado as well as federal law and will make sure that each party who is liable is held accountable. You don't have to face this alone–call 720-772-8513 today to schedule Free Consultation.