What Constitutes Wrongful Death in Colorado
In the state of Colorado, a wrongful death claim is a civil lawsuit against a person or company whose negligent actions resulted in another person's death. To establish liability, the claimant must prove that the victim's death was caused by the negligent, reckless act or intentional behavior of the defendant.
According to Colorado's Wrongful Death Act (C.R.S. §§ 13-21-201 to 13-21-204), a wrongful death lawsuit may be successfully maintained if the deceased, had he or she survived, would have been legally entitled to recover damages against the person or company who caused the injury or condition that led to the death.
Under C.R.S. § 13-21-202, a wrongful death action must be filed within two years of the decedent's death.
Who Can File a Wrongful Death Claim in Colorado?
Colorado's Wrongful Death Act states that the following people may file a wrongful death claim:
- Surviving spouse in the first year after the death
- Spouse and surviving children in the second year
- Parents can file if no spouse or children
- A representative of the estate can file for certain damages
What Damages May Be Recovered in a Colorado Wrongful Death Claim?
With a wrongful death action, you may be able to recover damages to cover the following:
- Medical and emergency care expenses right from when the accident or negligent act occurred until the victim's death
- Loss of benefits such as life insurance
- Loss of income or wages of the deceased, including retirement income
- Funeral and burial expenses
- Loss of consortium: This includes loss of the love, comfort, companionship, care, and assistance of the deceased person
Losing a close family member can be emotionally overwhelming. Nevertheless, you can hold comfort in the fact that you won't be burdened with huge expenses while you grieve. An experienced wrongful death attorney can fight on your side and help you recover damages.
How Legal Counsel Can Help
According to the Colorado Department of Transportation, motor vehicle crashes are a leading cause of death in Colorado. In 2017, motor vehicle crashes in Colorado resulted in 648 deaths. Losing a loved one can have long-lasting consequences on your emotional and financial health. Hiring a knowledgeable personal injury attorney is crucial to ensure that you recover substantial compensation.
At Landry Law, P.C., we are committed to providing outstanding legal services and protecting the rights of wrongful death victims. Our competent team of experienced attorneys will provide compassionate representation and help you pursue fair financial compensation for your loss. Our attorneys will:
- Carry out a comprehensive investigation and gather all necessary evidence and documentation
- Establish liability
- Determine case-value
- Communicate and negotiate a fair settlement with the insurance provider
If you need to file a wrongful death lawsuit, we will represent you zealously in court. Our attorneys will fight so that the right people are held liable. Having our attorneys on your side could increase your chances of receiving substantial compensation.