Wrongful Death Attorney in Fort Collins
Did you lose a loved one due to someone else’s negligence? If so, your grief might be aggravated by a sense of injustice. While nothing can fully make up for the loss of a loved one, Colorado law allows surviving family members to seek accountability and compensation through wrongful death claims.
At The Wilhite Law Firm, our Fort Collins wrongful death lawyers understand the emotional and financial burden that families experience after the untimely death of a loved one. For over 40 years, we have advocated for the rights of Coloradans harmed by the wrongful actions of others. We can help you pursue the justice and financial relief you deserve for your loss. Fair compensation could help you pay final medical bills, cover funeral expenses, and replace lost income due to your family member’s death.
Contact our office today for a free consultation with a Fort Collins wrongful death lawyer and learn more about your legal options.
What Is a Wrongful Death?
In Colorado, a wrongful death arises due to another party’s negligence, recklessness, or intentional misconduct. Many different scenarios could lead to a wrongful death. For instance, a pedestrian could get fatally hit by a distracted driver. Or a patient could die from an improperly treated surgical complication.
In these situations, a responsible party’s actions or inaction directly result in the victim’s death. If the victim had lived, they would have had grounds to file a personal injury claim against the person who harmed them. A wrongful death case is essentially a continuation of that potential injury claim. However, it’s pursued by surviving loved ones in place of the victim.
What Types of Accidents Can Cause a Wrongful Death?
Wrongful deaths are preventable tragedies that can arise from a wide variety of incidents. The circumstances leading to these unfortunate deaths vary greatly and could involve any of the following:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Medical malpractice
- Work-related accidents
- Construction accidents
- Slip-and-fall incidents
- Drowning accidents
- Aviation accidents
- Boating accidents
- Defective products
- Hazardous exposure
- Fires and explosions
- Assault and violent crimes
- Recreational accidents
- Sporting accidents
- Nursing home negligence
- Dog bites or animal attacks
- Premises liability incidents
Is a Survival Action Different from a Wrongful Death Claim?
Both wrongful death cases and survival actions stem from the same types of preventable deaths.
However, wrongful death and survival actions seek to compensate for different kinds of losses:
- Wrongful death – A wrongful death case aims to compensate the victim’s loved ones for what they suffered. This includes intangible losses, like emotional distress and loss of companionship, and measurable losses, like funeral costs and reduced household income.
- Survival action – On the other hand, a survival action is a claim filed on behalf of the victim’s estate. It seeks compensation for losses and suffering the victim personally endured before death. Examples include final hospital bills and the victim’s pain and suffering before death.
A Fort Collins wrongful death attorney can help you determine which types of lawsuits will apply to your loved one’s case.
Who Can File a Fort Collins Wrongful Death Lawsuit?
Colorado law is quite specific regarding who has the legal right to file a wrongful death lawsuit:
- If the victim had a surviving spouse, they have the exclusive right to bring forth the claim in the first year following the victim’s death. If the victim wasn’t married, their children can file the lawsuit within this period.
- In the second year following the victim’s death, either the spouse or the children can initiate a wrongful death action. An eligible beneficiary of the victim may also bring forth a claim in the second year.
- If the victim had no spouse or surviving children, their surviving parents may file a wrongful death suit.
Remember that each case is unique, and eligibility changes over time. You could lose your right to sue if you wait too long to file. It’s best to consult a lawyer promptly if you believe you have a case.
What Compensation Can I Seek in a Wrongful Death Claim?
In your wrongful death claim, you can seek compensation for the following types of losses you might have experienced due to your loved one’s death:
- Funeral and burial costs
- Loss of income and benefits
- Loss of inheritance
- Loss of companionship
- Loss of parental guidance
- The emotional distress of surviving family
- Loss of the victim’s knowledge and support
Is There a Statute of Limitations for Wrongful Death Lawsuits in Colorado?
Colorado law sets a strict two-year time limit on most wrongful death claims. This two-year period begins on the date the individual passed away. There are also potential exceptions that could alter the deadline. For instance, the timeline might shift if the family was unaware that a wrongful death occurred and only discovered it later. In hit-and-run cases, the family may have up to four years to file. And in cases involving governmental entities, shorter deadlines apply.
The best way to identify and meet important case deadlines is to bring your wrongful death case to a skilled attorney for advice as soon as possible. Contact our Fort Collins personal injury attorney today.
Contact a Fort Collins Wrongful Death Lawyer
The aftermath of a wrongful death can be overwhelming and isolating. But you don’t have to go through it alone. The Wilhite Law Firm is here to guide families like yours with skill and empathy. Let a Fort Collins wrongful death attorney from our firm shoulder some of your burdens during this challenging time. Reach out to us now for a free consultation.
