Loosing a loved one due to someone else’s negligence is financially as well as emotionally devastating. Our lawyers can help you recover for your emotional distress and get you the money you need to maintain your family’s financial stability.
Colorado has a statute, which does allow certain persons to bring a claim for wrongful death. Generally, the spouse and the heirs of the deceased person can bring a claim against the party or parties responsible for causing the death or the injuries, which led to death. A suit must be filed within two years of the death, and if there is a spouse, then the spouse has the exclusive right to bring the lawsuit in the first year after the death. If you contact one of our Colorado offices, a wrongful death lawyer can determine whether or not you have a case.
Generally, the damages which can be recovered in a wrongful death lawsuit include the expenses of the medical care and treatment for the deceased person as a result of the fatal injury, compensation for lost earnings and for the services, care and assistance which the deceased person would have provided, and compensation for the grief, anguish and distress suffered by the spouse or heirs because of the death.
Any type of conduct of the party causing another person’s death, whether intentional, reckless, or negligent, can be the basis of a wrongful death case. However, insurance coverage may not be available to pay the damages in the event the party who caused the death acted intentionally or knowingly in causing the death. Ask a Colorado wrongful death lawyer if your case is viable.
While a period of mourning is appropriate after the death of a loved one, if the spouse or heirs do wish to pursue a wrongful death claim, it is important that the case is investigated and pursued as soon as possible. In many cases, proving the cause of death is the critical issue in the case, and so it requires medical records and interviews with health care providers and others as soon as possible. In other cases, investigating the liability of the party who is believed to be at fault or the availability of insurance coverage may be the most important issue, and it is usually best to perform those investigations while everyone’s memories are fresh and evidence has not been lost or destroyed.
Our Colorado wrongful death lawyers have handled numerous cases with very successful outcomes for our clients, even where there was no insurance coverage. Many of these cases require that litigation is filed in order to resolve the case, and our experienced attorneys and staff can move quickly on investigating and filing the case and allow the spouse or heirs of the deceased person to address other, more personal concerns caused by the death.