Colorado (CO) Wrongful Death Lawyer A wrongful death claim is a suit that arises from the death of an individual caused by the negligence or intentional conduct of another. This type of lawsuit is different from other types of personal injury claims because the person bringing the lawsuit is not the actual victim; it is family members or the victim’s estate. The damages recovered do not include damages which are personal to the person who died. This is because the person who died obviously cannot recover for pain and suffering, mental distress, or any other form of compensatory damages issues particular to him or her. The purpose of a wrongful death lawsuit is to provide relief to family members who have been injured emotionally and financially as a result of another family member’s death.

Only certain individuals can file wrongful death claims. In Colorado, a surviving spouse has an exclusive right to bring suit within the first year of the person’s death. If the spouse does not bring an action, or waives the right to bring an action, any surviving children of the decedent may do so after the first year but before the second year post death. If there are no surviving children, or if the deceased is a minor, or there is no surviving spouse, then the parents of the person who died may bring an action for wrongful death. If the surviving spouse does not sue within the first year, he or she may still join an action brought by the heirs of the person who died in the second year. Siblings and other family members, beyond parents, may not file a suit for wrongful death nor may they participate in recovery of damages.

When a person dies as the result of fault of another, it is essential, that measures be taken properly to preserve medical evidence, investigate the accident or incident in question, and file a lawsuit prior to the statute of limitations deadline imposed by the laws of the State of Colorado.

Our Accidental Death Attorneys will Aggressively Fight for your Loved Ones Financial Compensation

Fleishman & Shapiro welcomes the opportunity to assist you. We would be glad to meet with your for a free case evaluation to review your potential claims. Please call us at (303) 861-1000 or complete and submit a simple case form to us. We will get back to you promptly.