Filing a Colorado Springs Wrongful Death Action
The unexpected death of a family member is a devastating experience. When you lose a loved one, it is important to understand what legal rights and remedies you have. When someone dies in a preventable accident due to another’s negligence or wrongful act, their surviving family members can pursue compensation by filing a Colorado Springs wrongful death action.
Compassionate wrongful death attorneys help those who have had a death in the family hold the person or entity responsible for their negligence. Through a successful lawsuit, you can recover damages for the cost of your loved one’s medical bills, lost income, pain and suffering, and funeral costs. Schedule a consultation to learn more about your legal options.
The Process of Filing a Wrongful Death Lawsuit
A wrongful death occurs when a person dies as a direct or proximate result of another person or entity’s wrongful, reckless, or negligent conduct. This could include anything from a car accident, dangerous product, or through nursing home abuse. To succeed in a claim, the party alleging wrongful death must prove the person they are suing breached a legal duty, causing the death.
In Colorado Springs, only certain people can file a wrongful death action. In the first year, only a surviving spouse can bring the claim. For those who are not married, their heirs or a designated beneficiary can file suit. After the second year, the deceased’s spouse, heirs, or a designated beneficiary can file a wrongful death claim.
Sometimes, a deceased person does not have surviving heirs or a spouse; in these cases, their parents can file within two years of their death. Likewise, parents can ordinarily bring a suit on behalf of their child. The parents share an equal interest in the judgment, even if only one parent files.
Limitations on Filing Wrongful Death Claims
There are strict time limitations to keep in mind when considering filing a wrongful death lawsuit in Colorado Springs. Eligible parties must file a wrongful death claim within two years of the person’s death under Colorado Revised Statutes § 13-21-201.
When someone does not file within this two-year time frame, they could lose their right to financial recovery entirely. The defendant will promptly move to dismiss the lawsuit. There are limited circumstances where the court may overlook missing the requisite limitations. For example, if someone could not file due to their age, disability, or if the negligence was not immediately apparent. Otherwise, the deceased’s family members will lose out on their right to seek compensation for their losses. As such, it is important to consult a qualified legal professional as soon as possible to understand the applicable statute of limitations.
A Colorado Springs Attorney Could File a Wrongful Death Action on Your Behalf
While no amount of money can bring back your loved one or reduce the grief you are experiencing after such a tragic experience, filing a Colorado Springs wrongful death action can help ease the financial burden so that you can focus on moving forward. Our seasoned legal professionals understand how devastating the unexpected loss of a family member can be. When you lose someone due to another person’s negligent or wrongful act, call to discuss your options for financial recovery with a compassionate attorney.
