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Few events in our lives compare to the loss of a loved one. Surviving family members are often left feeling vulnerable, angry, and overwhelmed. Of course, no amount of money can compensate for this kind of loss. Notwithstanding, the law does provide grieving family members with a route toward monetary compensation when someone else’s actions cause the wrongful death of a loved one.
As you grieve the loss of a family member due to a wrongful death, filing a lawsuit is probably the last thing you want to worry about. However, grieving family members should know that Colorado law sets strict limits on who may file a wrongful death lawsuit and when. Failure to comply with these requirements may eliminate your chance to secure compensation in court.
At the Wilhite Law Firm, our team of wrongful death lawyers is ready to evaluate your case. With decades of collective experience helping our clients secure the compensation they deserve, we are ready to fight for you. Call today for a free consultation.
What Is a Wrongful Death Lawsuit?
In most personal injury cases, an injured individual files a lawsuit seeking compensation on their own behalf. However, because injury victims in wrongful death cases are no longer alive to seek compensation for themselves, individuals close to them are given a legal route to compensation for the loss of their loved one. In addition to compensating the families of deceased individuals for their loss, this also helps ensure that at-fault parties are not left unscathed by the consequences of their actions.
In Colorado, wrongful death is legally defined as a death that occurs due to the “wrongful act, neglect, or default of another.” Among other things, this may include deaths caused by negligence, medical malpractice, defective products, and criminal acts.
However, note that wrongful death actions are distinct from survival actions. Where wrongful death claims are typically brought by family members seeking compensation for the death of a loved one, a survival claim is instead brought by a personal representative on behalf of the deceased victim’s estate. Any compensation recovered through a survival action is first distributed to the estate. It may then be paid out according to the decedent’s will or laws of intestate succession if the decedent did not leave a will.
Is Any Family Member Allowed to File a Wrongful Death Claim?
No. Though the loss of a loved one can have a devastating effect on your entire family, Colorado law strictly limits which family members may file a wrongful death lawsuit.
During the first year after a wrongful death, only the victim’s surviving spouse can file a wrongful death claim seeking compensation. However, the decedent’s children can also file a claim during this window if the surviving spouse gives them written permission to do so. If the decedent has no surviving spouse, their surviving children or designated beneficiary can also file a wrongful death claim within the first year.
If a claim is still not filed one year after the wrongful death, the rules relax significantly. In the second year following the death, the surviving spouse no longer takes precedent. At this point, anyone in the following categories may file suit:
- Surviving spouse
- Surviving children
- Surviving spouse and children
- Designated beneficiary
Though a surviving spouse no longer takes immediate precedent in the second year following a wrongful death, they may still join any lawsuit filed by surviving children within 90 days of filing. Designated beneficiaries may do the same. Finally, if a decedent leaves behind no spouse or children and has no designated beneficiaries, their surviving parents may then file a wrongful death lawsuit within two years of the death.
What Compensation is Available in a Wrongful Death Case?
Typically, compensation in wrongful death lawsuits includes two kinds of damages. Economic damages compensate the dollar-and-cents costs incurred because of the death. Non-economic damages compensate for losses that are more subjective in nature and cannot be reduced to a monetary value. Together, economic and non-economic damages may compensate you for:
- Funeral and burial expenses
- Lost wages the decedent would have earned had they survived
- Benefits lost as a result of the loved one’s death
- Loss of companionship
- Emotional distress
- Pain and suffering
- Grief
Importantly, Colorado law sets a cap on non-economic damages that may be awarded in most wrongful death cases. It is currently set at $598,350 for wrongful deaths that occur between January 1, 2022, and January 1, 2024. The cap is adjusted every two years to account for inflation. Our experienced attorneys are ready to review your case and estimate the economic and non-economic damages you may be entitled to.
What is the Statute of Limitations on Colorado Wrongful Death Lawsuits?
Like other personal injury claims, wrongful death actions must be filed before a legal deadline known as the statute of limitations. In Colorado, the deadline for most wrongful death cases is set at two years from the date of death. However, if your loved one died due to a hit-and-run car accident, the deadline is set at four years from the date of their passing. Subject to very few exceptions, your case will be dismissed in court if the governing deadline is missed.
While two to four years may seem like a long time, building a strong wrongful death claim can take weeks or months. Therefore, it is important to contact an experienced wrongful death attorney as soon as possible. The sooner you consult with an attorney, the sooner they can evaluate your case, investigate the law, and strategize your path toward maximum compensation.
Talk to a Skilled Colorado Wrongful Death Attorney About Your Case
Coping with the loss of a family member is hard enough without the added stress and complication of filing a lawsuit. At The Wilhite Law Firm, we believe you should not have to face these challenges alone. Our attorneys are here to help you pursue justice and compensation for the harm you have suffered.
While you and your family grieve your loss, let us investigate your loved one’s death and gather evidence to hold the at-fault party accountable. Contact our office for a free and confidential consultation to discuss your legal rights and options.
