Losing a loved one is tragic, especially when you know their passing could have been prevented had it not been for someone else’s negligence. A wrongful death claim may allow you to account for the emotional and financial consequences your family has suffered because of the recent loss.
An experienced and compassionate Fort Collins wrongful death attorney from Dulin McQuinn Young can discuss your legal rights for holding someone else legally responsible for your loved one’s death and what legal recourse you have.
Call us today for your free, no-obligation consultation.
What is a Wrongful Death Claim?
Colorado defines wrongful death as occurring when a death occurs because of the wrongful act, neglect, or default of another. If the victim would have survived the event and had grounds to file a personal injury claim, certain individuals may be able to file a wrongful death claim to hold another party civilly liable.
The experienced legal team at Dulin McQuinn Young can investigate your case to determine if you have legal grounds to file a wrongful death claim.
Common Causes of Wrongful Death
Negligent, reckless, or intentional actions can provide the basis to file a wrongful death claim. Some of the most common causes of wrongful deaths include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Slips and falls
- Premises liability incidents, including negligent security
- Medical mistakes
- Defective products
Various parties could be liable for your loved one’s death, including negligent motorists, healthcare providers, manufacturers, or property owners. We can investigate the circumstances and seek accountability against all the parties whose actions contributed to your loved one’s death.
Who Can File a Wrongful Death Claim in Colorado?
Colorado’s law on wrongful death gives the exclusive right to the surviving spouse to file a wrongful death claim within the first year. After the first year, the surviving spouse or children file the claim. If the decedent was unmarried and had no children, their parents can file a wrongful death claim. If there are no surviving family members, the executor of the decedent’s estate can file the claim.
In addition to a wrongful death action, there may be grounds to file a survival action. This type of legal claim allows the estate to recover damages that occurred from the time of the accident until death, such as medical expenses, lost wages, and pain and suffering incurred during this interval. The estate can file this type of action.
Damages Recoverable in Colorado Wrongful Death Claims
In wrongful death claims, aggrieved family members may be able to recover compensation for their economic and non-economic damages, including:
- Funeral expenses and burial costs
- Loss of financial support
- Loss of household services
- Emotional anguish, grief, and sorrow
- Loss of consortium
Time Limit for Filing Wrongful Death Claims in Colorado
The statute of limitations generally gives surviving family members two years from the date of death to file a wrongful death claim. An experienced wrongful death lawyer can help you make your way through the legal system and adhere to the court deadlines that apply to your case.
Contact Our Fort Collins Wrongful Death Lawyer for Legal Guidance
When you are going through the painful process of grief, you need an advocate you can rely on. Dulin McQuinn Young has helped countless individuals and families who have been devastated by personal injuries.
Contact our compassionate wrongful death team today to discuss your case in a confidential setting.