Common Questions Before Suing for Wrongful Death | Colorado Lawyers
Wrongful death claims are civil legal claims, separate from criminal proceedings, brought against a person who may be held liable for another person’s death. These claims are brought by close relatives of the deceased and allow families of wrongfully killed victims to recover damages incurred by the death. But who can file these claims in Colorado, and how should you choose the right Colorado wrongful death attorney to handle your case?
If you’re looking for answers to these and other common questions before suing for wrongful death, our experts are here to help. Read on to learn about these claims and find out how to contact a personal injury lawyer serving Colorado.What Constitutes Wrongful Death?
Many different circumstances may give rise to wrongful death claims. But all of these claims apply to cases in which a person is killed due to another party’s negligence and / or misconduct.
Wrongful death cases may apply to victims who died due to any of the following:
- Car crashes
- Trucking wrecks
- Medical malpractice (such as surgical mistakes, medication errors, or misdiagnosis)
- Manufacturing defects
- Workplace accidents
- Toxic chemicals
- And more
In Colorado, the statute of limitations for wrongful death cases is two years from the date of the death.Who Can File a Wrongful Death Claim in Colorado?
In Colorado, only the surviving spouse is allowed to file a wrongful death lawsuit within the first year after the victim’s death, though other heirs may also be included in the lawsuit if the surviving spouse gives them permission to do so. In the absence of a surviving spouse, other heirs may file the lawsuit. The deceased’s parents have the right to bring forth a lawsuit if there are no heirs. During the second year after the death, both the deceased’s heirs and spouse have equal right to file a lawsuit.What Type of Lawyer do I Need for a Wrongful Death Lawsuit?
If you are considering a wrongful death claim, you will need to hire a personal injury attorney for your claim. These attorneys have specialized knowledge about negligence and wrongful death laws, and will help you build the strongest possible case against the liable party.
Despite the fact that wrongful death claims require a lower burden of proof than criminal cases, they are still complex and difficult to litigate, so it’s crucial to choose a specialized personal injury lawyer serving Colorado rather than a general practitioner.What Damages may be Recovered in a Wrongful Death Case?
There are many types of damages that families of wrongful death victims may qualify to recover. These include (but are not limited to):
- Medical expenses
- Funeral and/or burial expenses
- Economic damages representing what surviving loved ones might reasonably have expected to receive from the deceased had they lived
- Pain and suffering
- Loss of companionship
- Impairment of quality of life
- And more
If you are unsure what damages you may qualify to receive in light of your loss, the next step is to consult with a qualified wrongful death attorney in your state.Are You Considering a Wrongful Death Lawsuit? Call to Speak to a Lawyer for Free Today
At Carabin Shaw, our attorneys are committed to helping the families of wrongful death victims however we can. So call our Colorado office today at 1-800-555-0101 to receive your free consultation with Colorado attorney James Shaw, and to find out how our qualified Colorado wrongful death attorneys can help you secure the justice and compensation you deserve following your loss.