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Wrongful death refers to a suit that alleges that a victim was killed as a result of negligence or misdeed of another individual, corporation or entity. It is a civil action that is governed by state law, and the details can vary to some extent from state to state. In Denver, US, the wrongful death process is rigorous and often complex, governed by Colorado Revised Statute § 13-21-202.
You may require a lawyer under different circumstances. If a family member of yours died as a result of someone else's misconduct or negligence, such as in a traffic accident, work accident, or medical malpractice, you can file for a legal claim. Other incidents such as a death during a supervised activity or owing to a defective product also warrant the need for a lawyer.
According to Denver's wrongful death statute, if the defendant is found liable, then he or she may have to pay damages that cover funeral and burial expenses, loss of financial support and benefits, lost wages, including future earnings, medical bills and the pain and suffering endured by the deceased before death. There's a two-year statute of limitations for filing a wrongful death claim. Only certain family members or their designated beneficiary, can file a wrongful death claim, usually the spouse or children of the deceased.
Typically, the spouse of the deceased has the first right to bring a wrongful death claim. If there's no surviving spouse, the children can file the claim, if no children, the deceased's parents can file.
Denver follows the Colorado state law that provides a two-year statute of limitations from the date of death to file a wrongful death claim.
Yes, if the activity’s supervisor failed to act reasonably and this resulted in the death of your loved one, you may be able to claim wrongful death.
Available damages may include compensation for lost earnings of the deceased, loss of companionship or parental instruction, and funeral and burial expenses.
While it's not obligatory, having an experienced wrongful death attorney is generally beneficial. The processes can be complex and stressful, an attorney can help guide you through this challenging time.
The Colorado Bar Association can be helpful in providing information, as well as locating experienced attorneys. The "Legal Resources" section on their website is especially useful. Government websites like Colorado Judicial Branch and Denver’s Office of the Clerk and Recorder can also provide useful information.
If you believe you have a wrongful death claim, contact a local wrongful death lawyer who can help analyze your case and navigate the complex legal system. Gather all the necessary documents, such as death certificates, medical reports, witness accounts, etc., to assist in building your case.
