When a family member dies as the result of the negligence of another person, the surviving family members may have a Wrongful Death action against the person or parties who caused the death. The death could be caused by an automobile accident, train accident, trucking accident, bus accident, defective or unsafe product, inappropriate medical care or treatment, or careless and reckless conduct. There are specific laws in each state related to these types of claims, whom can file such claims, and limits on what damages may be recovered by family members.
In Colorado, the Wrongful Death Act identifies the surviving spouse as the individual having the right to bring a claim within the first year of the death. If there is no surviving spouse, the deceased’s children may then file the claim. The law also provides that, under certain circumstances, the surviving spouse and the children of the deceased may bring a claim after the first year. Any claim, however, must be brought within two (2) years of the death or the family will lose any right to make a Wrongful Death claim.
In addition to who can bring a Wrongful Death claim, the Colorado Wrongful Death Act (C.R.S. 13-21-201) also limits the type and amount of damages that could be recovered in such an action. For more information about the types of damages and any limitations on damages that can be recovered in a Wrongful Death action, please contact one of the experienced attorneys at Larson & Larimer.
If your family member was the victim of a Wrongful Death, contact an experienced attorney at Larson & Larimer so that we can immediately assist you in investigating the claim and ensuring that your claim is not lost due to the deadlines involved.
Contact Larson & Larimer, P.C. today at 303-221-0039 for all of your Denver, CO legal needs.