Loveland Wrongful Death Statute of Limitations
When your loved one passes away due to an accident, it can set in motion a difficult road to recovery for you and your family. You may qualify to submit a wrongful death lawsuit against the person or company who caused their death. You must take this crucial step before the Loveland wrongful death statute of limitations runs out.
Our respected wrongful death attorneys could help you identify your rights and take concrete steps to exercise them. We could also help you file paperwork, gather evidence, and champion your interests at trial or during negotiations. Call today for more information on how our legal team could assist you during this challenging time.
Who Can Submit a Claim for the Death of a Loved One in Colorado?
Colorado Revised Statutes § 13-21-201 allows a surviving family member (typically a child, spouse, or parent) to sue someone for causing their loved one to die directly or indirectly.
During the first year following the person’s death, the surviving spouse would qualify to file a lawsuit. If the spouse cannot do so or gives their permission, the deceased individual’s children or designated beneficiary may be able to take legal action.
In the second year, other close relatives, such as parents, may qualify to join in the ongoing wrongful death lawsuit. If the spouse has not filed suit already, those eligible to do so can take this step in the second year. There are other rules about who can submit a claim and when, including exceptions for a person who is a minor when the death occurs.
Surviving family members who would like help understanding how these deadlines work could call a seasoned personal injury attorney. A Loveland lawyer who handles wrongful death cases could help explain the filing process and the statute of limitations to their client.
How Long Does Someone Have To File a Wrongful Death Case?
Colo. Rev. Stat. § 13-21-204 and 13-80-102 require a qualifying loved one to submit a legal claim within a specific time period, called the statute of limitations. The default deadline is two years; however, how long the person has to sue the wrongdoer depends on the specific accusations they are making. For example, someone suing a drunk driver for killing their loved one in a hit-and-run car crash may have up to four years to file a claim.
Most individuals must file suit within two years of their loved one’s death unless an exception applies. For example, under Colo. Rev. Stat. § 13-81-102 and 13-81-103, a minor who does not have a legal representative may have additional time to take action. In those situations, the two-year clock may not start until they have representation or turn 18.
In some cases, a legally incompetent or incapacitated person may also invoke this exception to give them additional time to file. It is essential to meet the deadline provided by the statute of limitations in wrongful death cases in Loveland to hold the at-fault party accountable.
Speak With a Loveland Attorney for Taking Legal Action Within the Wrongful Death Statute of Limitations
When someone else’s conduct ends a loved one’s life, you deserve to hold them responsible for their actions. Understanding the Loveland wrongful death statute of limitations helps you take this step.
Our knowledgeable legal team could assist you in holding a negligent party accountable for your family member’s death. Contact us today to schedule a consultation to discuss your circumstances and what we could do for you.
