The loss of a loved one is a tragic experience. Parents, spouses, and children need time and space to grieve. No one can speed up the mourning process. All we can do is rely on the healing powers of time.
However, Colorado law also provides family members with the ability to receive compensation if the death was wrongful. This type of lawsuit, called a “wrongful death” case, is not easy to bring. However, it might be the only avenue grieving family members have for securing their financial future, so it is definitely something to investigate.
We encourage everyone who is curious about whether they have a legal cause of action to reach out to us today. Our Glenwood Springs wrongful death lawyers have helped many people like you after the tragic loss of a loved one.
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Our Experience with Wrongful Death Cases
At Cimarron Ridge Legal Group, we know that not every accidental death qualifies as “wrongful” under the Colorado statute. Instead, the death must be the result of another person neglect, default, or wrongful act. For example, someone who struck your child while speeding has probably been wrongful, as would a store that did not provide adequate security to protect your loved one from an attack in a parking lot.
We have brought wrongful death cases for the following types of accidents:
- Car wrecks—any accident on the highway or a parking lot could qualify
- Motorcycle accidents—motorists are unprotected and often vulnerable to fatal accidents
- Truck accidents—commercial trucks like 18-wheelers can cause devastating injuries
- Slip and falls—falls from a great height are particularly dangerous, but any head injury could be fatal
- Medical malpractice—a careless doctor could easily make a fatal error
- Premises liability claims—dangerous premises can lead to death by fire, electrocution, drowning, or crime
There is a common misconception that a person must die at the scene, but this is not the case. So long as a person’s fatal injuries can be traced to an accident, then surviving family members might be able to sue. Meet with a Glenwood Springs wrongful death lawyer to learn more.
Filing the Lawsuit
The state limits who can bring this type of claim, and violations of the statute will result in a judge dismissing a case. Under Colorado Revised Statutes § 13-21-201, a surviving husband or wife can file the lawsuit in the first year after their spouse’s death. If the deceased was not married, then the children can file.
After the first year, both the spouse and the children can file the lawsuit. Or, if the deceased died without children or spouse, then the parents might be able to file.
Disputes sometimes break out over who brings the action. Many people feel as if other family members are stepping on their toes, or there is a lack of trust as to whether other family members can successfully prosecute their claim.
Get the legal advice you need by calling our Glenwood Springs wrongful death attorneys. Avoid delay. This type of lawsuit must be brought within two years of death, after which the courthouse doors close, regardless of the strength of your case.
Compensation for a Loved One’s Death
The sole remedy under the law is compensation in the form of money damages. We realize that no amount of money can possibly make up for a loved one’s death. After all, who can put a price tag on never being able to grow old with your spouse or being unable to maintain a relationship with your parent?
Nevertheless, money damages are all a court is empowered to provide. Our attorneys have obtained compensation for certain losses, such as the money the deceased would have contributed to the household. If the deceased was the sole breadwinner, then this amount can be considerable.
Our clients might also receive compensation for the loss of health care benefits and intangible losses like the loss of love, support, or guidance. Though harder to quantify in financial terms, these losses are very real.
The estate also has the right to seek compensation in a separate “survival action” for funeral/burial expenses and the cost of medical care to treat your loved one. The personal representative files the lawsuit, and any money received goes to the estate.
Experienced Glenwood Springs Wrongful Death Lawyers
The attorneys at Cimarron Ridge Legal Group serve as a beacon during the difficult aftermath of a loved one’s death. If you have legal questions, we have answers. Please contact us here or call (970) 644-5194 to schedule a time to speak with a member of our team.
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