Losing a loved one in an accident is incredibly tragic, especially if it could’ve been prevented. In cases like this, surviving family members often wonder if there is any recourse for their loss. Most jurisdictions recognize the need for compensation following an untimely death, especially when it involves a negligent party. In Colorado, surviving family members may file what is called a wrongful death claim. So, you may be wondering, What’s wrongful death?
Much like other personal injury cases, a wrongful death lawsuit is filed against the party whose negligence resulted in the death of another person. However, there are a few distinct differences. Firstly, wrongful death applies only to the losses suffered by the surviving family members, not the victim. Secondly, filing a wrongful death claim in Colorado is slightly more complex than filing a personal injury claim. For example, Section 13-21-202 of Colorado’s wrongful death act states that only the spouse of the deceased may file a claim during the first year following their death. After the first year, both the spouse and the deceased’s children have the option to file. If the deceased had no spouse or children, only then are the parents of the deceased allowed to bring a lawsuit.
As you can see, Colorado wrongful death claims can get quite complicated. For this reason, we recommend reaching out to the attorneys of Tenge Law Firm. We know that the sudden loss of a loved one is devastating. However, we’re here to help support you and your family and seek the justice you need. To schedule a free consultation, please call us at 303-665-2929.