Broomfield Wrongful Death Lawyer
Losing a family member because of someone else’s negligent or wrongful act is an incomparably upsetting experience that no amount of money can make up for. However, financial restitution is the only remedy Colorado civil law can offer for a wrongful death. Recovering from personal losses after such a tragedy can be key to protecting your family’s financial security and best interests.
Our Broomfield wrongful death lawyers could improve your chances of receiving fair compensation and help minimize additional stress that the legal process might cause you and your loved ones. Schedule an initial consultation with our knowledgeable personal injury attorneys today to discuss your case.
Who Can File a Wrongful Death Claim?
Colorado Revised Statutes § 13-21-201 outlines who has legal standing to file a lawsuit or demand a settlement for losses from a family member’s passing.
Married Decedents
In the first year after a married adult’s wrongful death, the right to file belongs exclusively to the decedent’s surviving spouse, who may then, at their own discretion, allow the decedent’s surviving child(ren) to join the claim.
Once that year has passed, a claim may be pursued by the decedent’s surviving spouse, children, or both children and eligible designated beneficiaries.
Unmarried Decedents With Children
If someone is unmarried at the time of their wrongful death, the right to file a claim passes to their children or the beneficiary designated in their estate planning documents.
Unmarried Decedents Without Children
If an individual has no spouse, children, or designated beneficiary at the time of their passing, their surviving parent(s) may bring forward a wrongful death claim, whether the decedent was a minor or an adult at the time of their death.
A Broomfield wrongful death attorney could explain in more detail what restrictions may apply to a specific rule and assist with building a comprehensive claim.
It is important to note that filing must be done within the two-year deadline set by C.R.S. § 13-80-102 or the four-year deadline applicable in cases involving hit-and-run vehicular homicide.
Recovering for All Available Damages
The purpose of wrongful death litigation in Colorado is to reimburse eligible family members for specific economic and non-economic damages they will experience because of their loved one’s premature death, potentially including the following:
- Lost future financial support and benefits like health insurance
- Lost value of inheritance
- Medical, funeral, and burial expenses
- Emotional anguish and suffering
- Lost companionship, guidance, and support
As with other types of personal injury cases, C.R.S. § 13-21-102.5 caps the maximum amount of compensation any wrongful death plaintiff can recover for non-economic damages.
However, the exact value of the cap changes every two years to account for inflation. As a lawyer in Broomfield could affirm, this cap does not apply if the cause of a wrongful death was a felonious killing, as per C.R.S. § 13-21-203.
Contact a Broomfield Wrongful Death Attorney for Assistance
The idea of adding civil litigation to your plate after suddenly losing a close family member to an accident or criminal act can understandably seem unappealing. However, it can also be crucial to protect yourself and your family from severe financial and personal harm in the years to come.
Fortunately, you do not have to go through this challenging process alone. Seek help from a Broomfield wrongful death lawyer. A confidential conversation with a knowledgeable legal professional could answer essential questions and clarify your next steps.
