Compassionate Legal Guidance and Support
If you have lost a loved one to an accident, you have a tremendous burden to bear. In addition to
overwhelming grief, you must also contend with intense emotions, such as anger, confusion, and maybe even guilt. If you’re dealing with your own injuries and physical recovery on top of it, your burden is that much greater.
When deaths are senselessly caused by someone’s careless conduct, surviving family members have a right to seek compensation against the party responsible. Although no dollar amount can ever replace the person you have lost, a financial recovery can help ease some of the burdens that accompany devastating loss.
What Is Wrongful Death?
A wrongful death occurs when someone’s negligent conduct causes the death of another person. These accidents happen in a variety of circumstances, including those surrounding dangerous consumer products, drunk drivers, distracted motorists, and even negligent health care professionals.
Under Colorado’s wrongful death law, which is found in section 13-21-201 of the Colorado Revised Statutes, certain surviving family members can file a wrongful death claim after losing a loved one.
If the decedent leaves a husband or wife behind, the surviving spouse has the exclusive right to bring a claim within the first year following the date of death. After one year has passed, the surviving spouse and any children have equal rights to file a lawsuit. In the absence of a surviving spouse, the decedent’s children have the right to bring a claim. When decedents leave behind no spouse and no children, the right to pursue a lawsuit falls to the deceased’s parents. Regardless of which family members bring the suit, the claim must be filed within two years of the death.
Wrongful Death Damages
The wrongful death statute permits family members to receive various forms of financial
compensation, including loss of health insurance, funeral expenses, loss of the deceased’s present and future earnings, medical bills, loss of insurance benefits, and loss of care, affection, and
companionship. In certain cases, it’s also possible for survivors to receive punitive damages, which are designed to punish the wrongdoer and deter others from acting irresponsibly.
Denver Wrongful Death Lawyers
Losing someone you love is a tremendous blow. At the Klibaner Law Firm, we know that legal action is probably the farthest thing from your mind as you struggle to pick up the pieces after a fatal accident. Because the time limits for filing these cases is quite short, however, it’s imperative to talk to a lawyer as soon as you can. We offer compassionate support and clearheaded guidance when you need it most. Contact us through our online form or give us a call at 303-863-1445.