A wrongful death is generally a death that occurs unnecessarily as a result of someone else’s negligence or recklessness. A wrongful death lawsuit allows for certain individuals, typically a surviving spouse, children, or parents, to sue for compensation relating to loss of income, companionship, assistance, or benefits lost as a result of the death. Some examples of wrongful death cases are car accidents, medical malpractice, and even defective products.
As previously mentioned, in the state of Colorado, a spouse or children may file a wrongful death claim. If the deceased was unmarried and without children, then the right to file a claim may be extended to parents, siblings, or other legal dependents. Additionally, there is a statute of limitations. In the state of Colorado, one must file a wrongful death lawsuit within two years of the date of death. If the deceased was married, the spouse is the only individual allowed to file a wrongful death lawsuit within the first year. If, after the year has passed, the spouse has not filed, the deceased person’s children, parents, or other dependents may file the claim. However, the spouse may also file a claim during this time even if another family member files.
Monetary damages in wrongful death lawsuits are based on each case and the circumstances or facts of that case. The amount is decided by either a jury or a judge. In Colorado, several factors are considered in awarding monetary damages, including funeral and burial expenses, healthcare costs relating to the deceased person’s injury or illness, benefits lost due to the deceased person’s death, and loss of love or companionship. Additionally, some cases may even allow family members to seek punitive damages. These damages are awarded as a punishment to the wrongdoer for their actions if they were particularly egregious.
Losing someone you love is one of the most painful experiences anyone can endure. At Jordan, Herington & Rowley, our personal injury attorneys in Denver offer more than just our commitment, experience, skills, and resources, but our compassion as well. We have recovered millions of dollars in successful verdicts and settlements for clients in the Denver. Call us today for a free case evaluation at (303) 465-8733. If we cannot succeed in winning your case, you will not be charged a fee.