Losing a loved one in an accident is a painful experience. But knowing that another person may have been responsible makes the loss even more unbearable. Through the filing of a wrongful death lawsuit, you can seek compensation for your loss and hold the person who caused the accident responsible for their actions.
Wrongful Death Claims in Colorado
If a person is injured because of another person's negligence, they can file a personal injury lawsuit to compensate them for their damages. But if the person dies as a result of the accident, it is up to their surviving family members to file a wrongful death claim.
“When the death of a person is caused by a wrongful act, neglect, or default of another, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who or the corporation which would have been liable, if death had not ensued, shall be liable in an action for damages notwithstanding the death of the party injured.” Colorado Revised Statute § 13-21-202.
Wrongful death lawsuits can be filed against an individual, group of people, or against a corporation. If the defendant negligently or recklessly caused the death of another, the surviving family can seek damages related to their loss. Wrongful death cases may involve a car accident, construction site accident, workplace incident, intentional action such as assault, or even a product liability case.
Under Colorado law, the surviving spouse can file a wrongful death lawsuit within the first year of the decedent's death. Beginning the second year, surviving children can file a claim, or if there are not surviving children, the deceased's parents can file a wrongful death lawsuit. In most cases, the family representatives may only have two years to file a claim, or the statute of limitations may bar recovery. Talk to your Denver Wrongful Death Attorney about your case as soon as possible to make sure your case is filed in time.
Wrongful Death Damages
The damages available in a claim of death by negligence may depend on the specific circumstances. Economic damages may be available for the costs associated with the injury or death. This includes funeral and burial expenses, as well as any expenses involved in the accident prior to the individual's death.
The surviving family members can also seek compensation related to the loss of their family member. This includes economic losses from the loss of benefits or income from the deceased. Calculating this figure may depend on a number of factors, including the age of the deceased, their job and income, health, and life expectancy. In addition, noneconomic damages may include the loss of support and companionship to children and spouses. In some cases, exemplary damages may be available, where the action of the defendant included willful and wanton conduct or malice towards the victim.
Colorado Wrongful Death Attorney
If you have lost a loved one in a tragic accident, you may have a wrongful death claim against those responsible. A wrongful death claim can hold those responsible for the death accountable for their actions and prevent others from having to experience a similar tragedy in the future. The Olson Law Firm will provide you with the personal attention you expect and deserve and always keep the lines of communication open. It is our dedication and commitment that makes the Olson Law Firm one of Colorado's preeminent law firms. Contact our office today.