Losing a loved one is one of the hardest things we have to go through in life, and it is even harder to handle this loss when someone has been wrongfully taken or killed as a result of someone else’s negligence or misconduct.
Although no amount of money can make up for the loss of a family member or friend, recovering damages through a wrongful death lawsuit can help survivors pay off hospital expenses, legal fees, funeral costs and other expenses. With the help of a Denver injury attorney, you can file a wrongful death claim to provide some small measure of comfort to yourself and those left behind after a loved one’s death.
Colorado Wrongful Death Laws
Unfortunately, the laws in Colorado regarding wrongful death legislation require fairly immediate action on the part of the grieving family members. Although it may be difficult to think about legal terms and lawsuit tactics in your time of loss, personal injury lawyers say it is extremely important to act quickly so you can recover damages and force the guilty party to make restitution.
In Colorado, the wrongful death law has a two-year statute of limitations, meaning if two years have passed since your loved one’s death, you will be barred from being able to file a lawsuit. In the first year following a wrongful death, only the surviving spouse has a right to file a claim. After the first year, both the spouse and any surviving children can file. If a victim has no spouse or children, the parents of the deceased can bring a wrongful death action.
A wrongful death claim can also involve lawsuits for personal injury, pain and suffering inflicted on the survivors and restitution for any financial burdens resulting from the loss of your family member. A wrongful death attorney can help you work through which lawsuits and actions are applicable in your case.
Additionally, you and your lawyer can determine what types of damages you will be entitled to seek in your claim. Financial injury can include loss of support or income, loss of tuition money for children’s education, potential inheritance and costs for medical care and the funeral.
More than Money
The loss of financial support is not the only thing that matters when a loved one dies, however. For this reason, you can seek wrongful death damages for a number of intangible but similarly unrecoverable losses. When a parent dies too soon, you lose parental guidance, continuing support and family structure, all of which can be listed in a wrongful death claim.
Additionally, you are able to project potential earnings, longevity, health and life expectancy, and the family situation of the person who has died in order to calculate the total damages you should seek.
Working through the sudden loss of a loved one can be a long and difficult process and having to deal with legal complications on top of everything else does not help. It is important to have the help of an experienced wrongful death attorney to deal with the insurance companies and the at-fault person, company, or entity who will try to keep your award as low as possible.
At Levine Law Firm, Jordan Levine represents clients who have lost loved ones in a wrongful death accident. To discuss your case, contact him today.