If someone is hurt or killed in an accident caused by negligence or wrongdoing, this could give rise to a wrongful death claim in Colorado. Wrongful death claims are designed to compensate surviving loved ones of the victim for the damage they endured.
You have a limited amount of time to pursue a wrongful death claim, and only certain people are allowed to bring this cause of action, so it’s important that you don’t want to move forward with your pursuit of justice. A Denver wrongful death lawyer at Dan Caplis Law can help, so give us a call today at (303) 770-5551 to learn more.
Who Can File A Wrongful Death Claim in Denver?
Colorado Code Section 13-21-201 establishes the rules for who can file a wrongful death claim in the state. According to the relevant statute:
- In the first year after the death, the spouse of the deceased can file a claim or, upon the spouse’s written election, the heirs are allowed to pursue a case. If there is no spouse, then the heirs of the deceased or the designated beneficiary can pursue the case. If the deceased was an unmarried minor or adult, or if there was no spouse, heirs, or designated beneficiary, then the parents of the deceased can take action. And, if there were no parents, then siblings or heirs of the siblings can make the claim.
- In the second year after the death, those who can pursue a claim include the spouse, heirs of the deceased, the spouse and heirs, the designated beneficiary if one was chosen, and siblings of the deceased if the deceased had no surviving spouse, heirs, or designated beneficiary or was an unmarried minor or adult with no descendants or parents.
There are also specific rules in this statute about how parents should split the proceeds of a claim.
What You Must Prove to Pursue a Denver Wrongful Death Claim
In addition to having standing, or the right to pursue your claim under the above Colorado law, you also must be able to prove that the defendant should be held legally responsible for the death that occurred. You can prove your claim by demonstrating:
- The defendant had a legal duty or obligation to the deceased
- The defendant failed in that duty by behaving negligently, violating a safety rule, or intentionally causing harm
- The negligence or wrongdoing was the direct cause of the death
- The death resulted in damages for which you can be compensated, including the loss of the deceased’s compassion and the loss of the earnings that the deceased would have used to help support you and your household if the tragedy had not occurred
The damages can often be substantial in wrongful death cases, and it may also be possible to bring a related claim called a survival action to obtain compensation for the losses the victim personally endured as a result of the injury before passing away.
Getting Help From a Denver Wrongful Death Lawyer
A Denver wrongful death attorney at Dan Caplis Law can help you determine if you can bring a wrongful death claim and can work with you to build the strongest possible case to maximize the compensation you receive when your loved one’s life was lost. Give us a call today to learn more about how we can help you pursue justice during these difficult times.