No one deserves to lose a loved one prematurely. If your loved one died before their time due to someone else’s negligence, we want to help you get justice.
Our Elsmere Wrongful Death Attorneys assist families who have lost their loved one due to another person’s negligence or carelessness. You should not have to endure these difficult times alone. We understand how angry and frustrated you feel and want to help protect your rights. If you want an Elsmere Wrongful Death Attorney who shows compassion while providing support and professional legal guidance, call us now. We will happily answer all of your questions and help you understand all of your options.
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What Is a Wrongful Death Claim?
A wrongful death claim may be necessary after your loved one’s life is taken by someone else’s negligence or wrongful actions. The surviving family members can file a wrongful death claim for damages against the responsible party. Such damages usually entail economic and non-economic damages (e.g., emotional damages, pain and suffering, etc.). However, Colorado has a cap for the non-economic damages a family can claim, with the exception of felonies such as murder or manslaughter.
Who Can File a Wrongful Death Claim In Colorado?
Colorado law specifies which surviving family members have a right to file a wrongful death claim. There is also a time restriction wherein family members may lawfully file a claim for wrongful death damage compensation as per Colorado Revised Statute. § 13-21-20.
First Year After Death
In the first year after a person dies, only the spouse of the deceased may bring a wrongful death claim. If the surviving spouse provides written consent, the heirs of the deceased person may bring forth a claim.
If the deceased person has no surviving spouse, the heirs or designated beneficiaries may file a wrongful death action.
Second Year After Death
In the second year after a person dies by way of wrongful death, the following family members can file a claim:
- Designated beneficiaries
- Heirs
- Spouse
If you are a surviving family member of a loved one who you believe suffered a wrongful death, speak to an Elsmere Wrongful Death Attorney to discuss your legal options.
Can Parents File a Wrongful Death Action?
Yes, under specific circumstances. If the deceased person does not have any surviving spouse nor children, the parents may file a claim. They have two years after the person’s health to file a claim. The other instance when parents can file a wrongful death claim is if the deceased person is a child.
Is a Survival Action the Same as a Wrongful Death Claim?
Sometimes, a person does not die right away after the other person’s negligent act. Instead, they may suffer or die some time after the negligent act. In that case, the deceased person’s estate can bring a survival action to recover monetary losses. These damages are meant to cover the pain and suffering the deceased person experienced before they died. Survival action damages might include medical bills, lost income, and more.
Colorado allows surviving family members to file a wrongful death claim and a survival action for the same person. In both cases, it’s necessary for the family to prove the defendant’s negligence and that they suffered direct losses as a result of that negligence.
What Is Considered Negligence in a Wrongful Death Case?
Negligence is when a person breaches a duty of care owed to another person. That means they had a responsibility to avoid causing harm or injury to another person but failed to uphold that responsibility. Certain parties have a higher duty of care for goods and services they provide, such as businesses and healthcare providers. The duty of care is usually higher when the product or service poses a greater risk for people. Contact an Elsmere Wrongful Death Attorney who can assess your case to determine if the party in question was negligent.
Don’t Delay Speaking With a Knowledgeable Elsmere Wrongful Death Attorney
If you believe you have a valid wrongful death claim, do not delay any longer. Most states, including Colorado, have a time limit for surviving family members to file a claim (known as the statute of limitations). Once this time limit passes, you forfeit your right to file a lawsuit or any action for the wrongful death. That’s why we strongly advise you to speak to an Elsmere Wrongful Death Attorney as soon as possible to avoid losing your opportunity to seek damage recovery.
Our Elsmere Wrongful Death Attorney Can Help You Get Financial Compensation for Your Loved One’s Death
Our legal team combines innovative strategies with expertise and professionalism to provide tailored legal services to every client. We have a large network of professionals we call in to help provide expert testimonies for your case as needed, including medical professionals, witnesses, private investigators, and accident reconstructionist.
Once we collect all the necessary evidence to build a solid case, we know how to strategize and present a convincing case to a judge or jury. Our goal is to get you and your family justice, and we commit to getting the results you deserve. No matter how tough your case, we can find a way to help you and provide solutions to help you recover from your losses. Our Elsmere Wrongful Death Attorney have experience handling wrongful death cases that arise from:
- Auto accidents
- Truck accidents
- Pedestrian and bicycle accidents
- Motorcycle accidents
- Other negligence based wrongful death situations
You Don’t Have to Suffer in Silence – Call Us for Legal Help
If your loved one died unfairly because of another person’s careless actions, you need a skilled litigator so provide trustworthy legal counsel. We have a proven track record winning generous settlements for our clients who have endured losing loved ones by wrongful death.
Call us today to discuss your legal rights and the best course to ensure you get the compensation you deserve. We offer a free, no-risk initial consultation.
