If you’ve lost a loved one in an accident or due to a wrongful act, seeking justice through a Colorado wrongful death lawsuit can be complicated. Only specific individuals are allowed to file these actions, you have a small window to act, and proving who is liable for your family member’s death can be challenging. If you are pursuing a wrongful death claim, it is recommended that you hire an attorney with specific experience handling these types of cases in Colorado.
The Colorado wrongful death lawyers at the Wilhite Law Firm have more than 40 years of experience helping grieving families seek answers and justice. Call us or reach out to us online now for a free consultation to discuss your rights and legal options.
What Is Considered a Wrongful Death in Colorado?
Under Colorado law, wrongful death is defined as any death by another person or entity’s negligence, recklessness, or intentional actions. A wrongful death action will be handled in a civil court, not a criminal court. A wrongful death lawsuit cannot send someone to prison for their actions. Instead, these lawsuits aim to compensate the deceased’s family members for their suffering, as well as their financial losses related to the loss of an immediate family member.
An all-too-familiar example of wrongful death is when someone dies in a car accident caused by a negligent driver. If the driver who caused the accident was speeding, impaired by drugs or alcohol, distracted, ran a red light, or failed to follow the rules of the road in some other way, that driver would likely be found negligent. In this example, the deceased’s family might have grounds for a wrongful death claim.
Who May Bring a Wrongful Death Lawsuit in Colorado?
Colorado’s wrongful death statute gives the deceased’s surviving spouse priority to file a lawsuit. For the first year after the deceased’s death, they are the only party who can file a wrongful death lawsuit. Once one year has passed, any of the deceased’s surviving children can file a wrongful death lawsuit. If the deceased has no surviving spouse or children, their parents can file a wrongful death claim. Finally, the deceased’s designated beneficiary may bring a wrongful death suit if the deceased has no surviving spouse, children, or parents.
These are the only parties eligible to file a wrongful death claim under Colorado law. Extended family members and friends are unable to file this type of claim. If the deceased did not die immediately from their injuries, the representative of their estate might be able to file a survival action on behalf of the deceased’s estate.
What Must be Proven to Win a Wrongful Death Lawsuit?
Colorado law states that to win a wrongful death lawsuit, the party who filed the lawsuit (known as the plaintiff) must show that the defendant caused the death of their family member through negligence, recklessness, or an intentional act.
Most Colorado wrongful death lawsuits are based on negligence, which means you must show that the defendant had a legal obligation to avoid harming the deceased. You must also show that the defendant failed in their duty because they did not take reasonable precautions to prevent the accident from happening. Finally, you must show that this failure resulted in your loved one’s death.
A fatal car accident could provide a straightforward example of proving negligence. If a speeding driver kills another driver in an accident, the speeding driver could be considered negligent. Drivers must follow posted speed limits. The speeding driver violated the law and was operating their vehicle irresponsibly. The deceased driver’s family would likely have a strong case for a wrongful death claim if they can show that the driver violated the law by speeding and subsequently caused the accident and fatal harm to the deceased.
Is There a Statute of Limitations for Wrongful Death Lawsuits?
In most cases, wrongful death lawsuits must be filed within two years of the deceased’s death. However, there are certain circumstances in which the court can extend the period outlined in the statute of limitations. For example, wrongful death cases related to hit-and-run car accidents have a four-year statute of limitations.
Two years sounds like a long time, but that time can go by much faster than you think. More importantly, wrongful death cases take a long time to build, and critical evidence can disappear in the days or weeks after the deceased’s death. It is important to hire a wrongful death lawyer as soon as possible after a fatal accident to make sure that they can secure vital evidence before it is lost or destroyed and to give them the time to build a strong case on your family’s behalf.
Who Will Receive the Compensation in a Wrongful Death Lawsuit?
The compensation in a wrongful death lawsuit goes to the deceased’s surviving spouse and children first. Colorado law requires compensation from a wrongful death lawsuit to be split between the deceased’s surviving spouse and children, if applicable. If the deceased does not have any surviving children or a surviving spouse, then the deceased’s parents will receive any compensation awarded in a wrongful death claim. Lastly, if the deceased has no surviving spouse, children, or parents, then their designated beneficiary will receive any compensation from a wrongful death lawsuit.
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Contact a Colorado Wrongful Death Lawyer
The Colorado wrongful death lawyers at the Wilhite Law Firm provide compassionate representation for families who’ve lost loved ones in tragic accidents. We understand what you are going through, and we’re here to help. Contact our office today for a free consultation, and let us help you seek justice.
