FAQ – Wrongful Death

What is Wrongful Death?

When a loved one has been killed due to another party’s negligence or intentional acts, surviving family members may be eligible to file a wrongful death lawsuit. In order to win a wrongful death lawsuit, however, your lawyer must establish several key elements, including:

  • Breach of Duty – You must establish that the defending party owed your loved one a duty of care and breached that duty. Motorists, for example, owe a duty to everyone on the road to drive safely and responsibly and obey traffic laws.
  • Causation – Your lawyer must also clearly establish that the defending party’s actions directly caused your loved one’s death. Proving causation can be difficult in some cases, such as defective products, medical malpractice, or dangerous drugs.
  • Damages – The death of your loved one must have caused actual damages such as hospital bills, burial costs, loss of income, and loss of companionship.

A wrongful death lawsuit can be filed after any tragic accident that was caused by another person or entity’s negligence.

The Most Common Causes of Wrongful Death Include:

  • Slip and Fall Accidents
  • Car Accidents
  • Motorcycle Accidents
  • Trucking Accidents
  • Defective Products
  • Medical Malpractice
  • Construction site accidents
  • Work Accidents

Who Can File a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit in the state of Colorado. Parents, children or a spouse of the deceased can file a wrongful death claim. Under particular circumstances, a domestic partner may also be eligible to file a wrongful death claim action of a loved one.

How long do I have to file a wrongful death claim?

In the state of Colorado, family members only have two years from the date of the death to file the claim. This is known as a statute of limitations. If you miss the deadline, you will no longer be able to file a claim.

Proving negligence 

Proving negligence in these cases is the basis for seeking all compensation. Each wrongful death case is entirely different, as are the circumstances, and the possible compensation for your losses. Speaking with a personal injury attorney will give you a better understand of where you stand, if you have a case, what to do next and

Each case is entirely different, as are the circumstances, and the possible compensation for your losses. As a result, we always recommend speaking with a professional in order to get a better understanding of where you stand, if you have a case, what to do next, and what you may be entitled to.