Wrongful Death Attorney in Denver Colorado
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.
Colorado Law is a Denver personal injury attorney law firm.
We have aggressive divorce attorneys, prenuptial agreement attorneys,
traumatic brain injury attorneys, medical malpractice attorneys, pedestrian accident attorneys,
automobile accident attorneys and more to fight for your
rightful financial compensation.
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We serve the following Colorado Cities:
Denver, Aurora, Centennial, Greenwood Village, Westminster, Thornton, Boulder, Broomfield, Louisville, Commerce City,
Englewood, Arvada, Arler, Castle Rock, Brighton, Lakewood, Littleton, Golden, Morrison, Highlands Ranch, Lone Tree |