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What You Need to Know About Filing a Colorado Wrongful Death Claim

In Colorado, a wrongful death occurs when someone dies because of another person or company’s negligence. Wrongful deaths can also occur as a result of a person or company’s intentional actions. Typically, a wrongful death claim begins when a family member or loved one files a lawsuit against the person or company who caused their loved one’s wrongful death. A Colorado wrongful death case is a civil suit rather than a criminal one and seeks to recover damages for the wrongful death of a loved one and negligent actions of another.

Who Can File a Wrongful Death Claim?

Colorado law is specific on who can file wrongful death claims in the wake of a loved one’s death. In the first year after the decedent's passing, only their spouse may file a wrongful death claim. The decedent’s children are able to file in the first year as well if either of two conditions are met. First, that the decedent had no spouse. Second, if the children have the permission of the spouse to file.

If there is a spouse, the children may file in the second year after the decedent’s death regardless. If there are no children or spouses, the decedent’s parents may bring a wrongful death claim. To understand further whether or not you are able to file a wrongful death claim in the wake of a loved one’s passing, contact an experienced wrongful death attorney in Colorado.

What Do You Have to Prove to Win?

To win a Colorado wrongful death case, you need to prove that either negligence or intentional action by a person or company caused the death of your loved one. To prove negligence you must prove the following:

  1. The defendant owed the victim of duty of care
  2. The defendant breached that duty of care
  3. The breach of duty of care directly caused the death of the victim
  4. The death of the victim directly caused the damages that the plaintiff is trying to recover
What Damages Are Available to Recover?

There are both economic and non-economic damages available in wrongful death cases. Economic damages are things that are calcuble and measurable such as lost income, lost benefits, medical bills, funeral expenses, and property damage.

Non-economic damages are less tangible, but are very important in wrongful death cases. Non-economic damages are things like emotional pain and suffering, loss of guidance and mentorship, or grief and sorrow.

In Colorado, there are caps or limits to how much can be paid in non-economic damages but there are no limits on economic damage payouts.

Why Do You Need a Lawyer?

Consulting a wrongful death attorney in Colorado can improve your chances for recovering damages after the death of a loved one. There are many areas of the law that attorneys can specialize in. If you have an attorney on your team who is dedicated to wrongful death cases, you will know that your case is being handled by an expert. Your lawyer will be someone who is on your side throughout a difficult process that is fighting for your best interest.

After a wrongful death, medical bills, funeral expenses, and lost income can add up quickly and cause a lifetime of financial problems if you do not address them. Your lawyer will be the one to help you recover these crucial financial damages if your loved one died because of someone else’s accidents.

Who Should You Call?

If you have lost a loved one because of someone else’s actions, you need an expert attorney on your side. Colorado attorney James Shaw has years of experience fighting wrongful death cases and making negligent people and companies pay. To get the leading Colorado wrongful death attorney in your corner, call 1-800-555-0101 for a free, no-obligation consultation.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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