Did your family lose a loved one due to someone else’s negligence in Colorado? Preventable deaths due to careless drivers, dangerous workplaces, medical malpractice, defective products, irresponsible property owners, and other negligent parties happen all too often in our community. If someone close to you died due to someone else’s negligence, you can seek accountability through a wrongful death action.
Colorado law limits the amount of time you have to bring a wrongful death claim. In most cases, the deadline is two years after the person’s death. Thinking about legal issues while still grieving a relative’s death is difficult. But many families find a sense of peace in taking action to seek justice on behalf of the deceased.
When pursuing a wrongful death claim in Colorado, make sure to have a caring, highly skilled lawyer on your side. For more than 40 years, The Wilhite Law Firm has provided compassionate legal representation for our clients. We understand how difficult things can be after the tragic loss of a loved one. Our firm is dedicated to helping you pursue the accountability and justice you and your family deserve.
If you have questions about Colorado’s statute of limitations on wrongful death claims or how long you and your family have to file a lawsuit, reach out to our firm for a free initial case evaluation. Our team has the experience and dedication you need on your side.
What Is the Colorado Wrongful Death Statute?
Colorado’s wrongful death statute, also known as the Colorado Wrongful Death Act, establishes the timeline and requirements for filing a wrongful death lawsuit.
Typically, the surviving family can pursue a wrongful death claim if the decedent could have brought a personal injury claim had they survived. Wrongful death claims may arise from accidents such as:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Boat accidents
- Workplace accidents
- Premises liability accidents
- Defective product accidents
- Medical malpractice
- Intentional assault
Damages such as the deceased’s medical and funeral expenses could apply to a wrongful death claim. There is also the potential to recover non-economic damages like pain and suffering. Contact our Denver truck accident attorneys today.
How Long Do You Have to File a Wrongful Death Claim in Colorado?
You have two years from the decedent’s death to file a wrongful death claim under Colorado’s statute of limitations. However, wrongful death claims arising from hit-and-run accidents have a four-year limitations period, beginning at the date of the accident.
Under limited circumstances, the statute of limitations period might be extended or “tolled.” However, the court will almost certainly dismiss the case as untimely if a lawsuit is filed after the statute of limitations has expired on a wrongful death claim. In that situation, the surviving family members will lose the right to pursue compensation and accountability from those at fault for their loved one’s death.
An experienced wrongful death lawyer from The Wilhite Law Firm can help ensure that your claim stays on track and all action is taken within the established timeframe.
Can a Fatal Car Accident Be a Wrongful Death?
A fatal car accident might lead to a wrongful death claim if another party’s negligence caused your loved one’s fatal injuries.
For example, if your family member died while a passenger in a vehicle, you might be entitled to pursue a wrongful death claim against the driver at fault for the accident. If your loved one was a driver killed in a crash caused by the driver of another vehicle, you may have a wrongful death claim against that motorist.
You might have a wrongful death claim if your loved one’s car accident was due to a design or manufacturing defect in their vehicle.
What is the Difference Between Wrongful Death and Survival Actions?
In addition to a wrongful death claim, a survival action could help you and your family obtain compensation for your loved one’s passing. A survival action is similar to a wrongful death claim. However, the two are legally distinct.
Key differences between wrongful death claims and survival actions include:
- Wrongful death claims are intended to compensate eligible surviving family members of a decedent, such as a spouse and children. The compensation is for their financial and personal losses due to their family member’s passing. Conversely, a survival action seeks to recover compensation for the decedent’s losses due to their injury and death, including costs of medical treatment, lost income, funeral and burial expenses, and pain and suffering.
- Wrongful death claims may be filed by the eligible surviving family members of a decedent. However, a survival action must be brought by the representative of the decedent’s estate. This is usually the estate’s executor or administrator.
- Financial recovery in a wrongful death claim is paid directly to the eligible family members. The compensation received in a survival action is paid to the decedent’s estate. That money is then distributed according to the terms of the decedent’s will (if they had one) and Colorado estate law.
- Compensation in a wrongful death claim is typically not considered taxable income. Money recovered in a survival action and distributed to a decedent’s beneficiaries and heirs may be subject to inheritance taxes.
Contact a Colorado Wrongful Death Lawyer Today
Since 1977, the Colorado wrongful death lawyers at The Wilhite Law Firm have stood up for people who’ve lost family members in preventable accidents in our community. We understand that the loss of a loved one, especially due to someone else’s negligence, is a devastating situation.
Don’t wait until it is too late to seek the justice you and your family deserve. We offer a free, no-obligation consultation to discuss your situation and the timeline for taking legal action. Contact us today to learn more about how The Wilhite Law Firm can help you.
