The death of a loved one is a devastating experience that brings with it unforeseen trauma, depression, emotional pain, and financial crisis. Wrongful death refers to the unnecessary death which is caused by the negligence or misconduct of another person. Wrongful death lawsuit, on the other hand, is a type of civil lawsuit whereby the survivors (spouse, children or parents) of the deceased seek compensation for the grief and financial hardship they undergo as a result of the death.
The emotional and psychological burden that comes with it is heavy to bear and hinders your ability to smoothly move on with life.
Causes of Wrongful Death
Some of the major causes of wrongful death are:
- Medical malpractice
- Slip and fall accidents
- Defective products
- Motorcycle and Automotive accidents
Wrongful death is a fatality that could have been avoided. In the State of Colorado, there are laws which apply to wrongful death lawsuits. When a person is killed as a result someone else’s negligence or misconduct in Colorado, the victim’s close relatives may file for a wrongful death claim. This is a complicated process which cannot be handled solely by the affected person.
Seek legal help
Working with an experienced, reliable, and competent Grand Junction wrongful death lawyer maximizes your chances of receiving the right amount of compensation for your damages. Indeed filling the void left behind after the loss of a loved one is extremely difficult. Filing for a death claim helps bring the culpable party to justice.
Who can file for a wrongful death claim and how long do they have?
Colorado’s Statute of limitation for a wrongful death claim is two years. This is further broken down and restricted as follows:
- In the first year following the death, the surviving spouse of the victim is the only person allowed to file a lawsuit.
- The children, and also the surviving spouse, can file and pursue a wrongful death claim in the second year.
- If the deceased does not have a surviving spouse or any children, then the parents of the deceased person are eligible to file a suit.
It is important to note that the first year is exclusively reserved for the surviving spouse, if there is any, of the deceased person.
Which damages are you eligible to?
Monetary damages in a wrongful death case in Colorado are assessed by the jury or a judge (if the jury is absent). Filing for a wrongful death lawsuit may lead to compensation for damages that include
- Loss of support (such as life insurance) because of the death
- Economic damages especially when the deceased was the sole breadwinner for their family
- Loss of companionship, love, and comfort of the deceased person
- Punitive damages, in some cases, to punish wrongdoers.
Wrongful death is an issue that truly requires the help of legal experts who can assist you in the filing for claims and following up your case until you are compensated. With the help of a reliable attorney, getting the compensation you deserve is guaranteed.