Fort Lupton Wrongful Death Lawyer
Losing a loved one is never easy. In situations where the death occurred because of another person’s irresponsible actions, the pain can be even more agonizing.
If a family member suffered an untimely death, a Fort Lupton wrongful death lawyer may be able to investigate to provide answers and help the family move forward after the loss. A trusted injury attorney could aid in recovering compensation to cover losses and meet future needs, providing a least a small sense of justice and allowing you to start the healing process.
Understanding a Wrongful Death Claim
A death may be considered “wrongful” when it is caused by neglect, a default, or a wrongful act by another person. Under Colo. Rev. Stat. §13-21-202, if someone suffers a death caused by one of these factors and that person would have had the right to sue the liable party for damages if death had not ensued, then the law continues to hold the responsible party liable for damages.
Since the deceased person cannot file a personal injury claim on their own behalf, the law allows certain individuals to file a wrongful death claim in their place. Wrongful death claims may involve many types of incidents, but commonly arise from motor vehicle accidents, medical malpractice, workplace accidents, nursing home neglect, defective products, and slip and fall incidents. The type of incident is not important so long as a Fort Lupton wrongful death lawyer or whoever prepares the claim can demonstrate that another person’s actions caused the death.
Parties Who May File a Wrongful Death Lawsuit
State laws regarding wrongful death cases only permit specific individuals to pursue a claim for damages. During the first year after the death, the spouse of the deceased has complete control over a wrongful death suit. The widowed spouse may file a solo claim, allow other heirs to join the claim, or allow the heirs to file a suit on their own. If there is no surviving spouse, the “designated beneficiary” or the heirs of the deceased may file a claim during the first year after the death.
After one year, the heirs or beneficiary may file a claim without the written permission of the surviving spouse, although the law allows the spouse to join the lawsuit. In situations where there is no spouse and no descendants and no designated beneficiary, then parents of the deceased may file a wrongful death claim. Additionally, the representative of the deceased person’s estate may file a survival action to recover compensation for specific losses on behalf of the estate.
Compensation Available Through a Wrongful Death Suit
The damages provided through wrongful death claims vary depending on whether the action is a survival action brought by the estate or a traditional wrongful death claim brought by family members. The estate representative may recover for losses suffered by the deceased person, while family members can generally receive damages to make up for their own losses caused by the untimely death.
Therefore, a wrongful death lawyer in Fort Lupton may help the deceased person’s estate recover damages to cover medical bills, funeral expenses, lost wages and property damage. Family members filing a wrongful death claim may receive compensation for economic losses such as lost income support as well as non-economic damages for factors such as grief and loss of consortium.
Consult a Fort Lupton Wrongful Death Attorney
The state statute of limitations requires a wrongful death claim to be filed within two years of the date of death. Any claims filed after the statutory deadline will be dismissed by the court.
It is wise to start working with a Fort Lupton wrongful death lawyer long before the deadline becomes an issue. An attorney could begin right away collecting evidence to establish liability and could represent the family’s interests to protect their rights and preserve opportunities to receive compensation. Call now to find out more about how a wrongful death attorney could assist in your situation.