The loss of a loved one is a profound and devastating experience, especially when it occurs due to someone else’s negligence or wrongful act. This difficult time leaves many wondering how they can cope with the future without their loved ones. The legal complexities involved in proving negligence, filing a wrongful death lawsuit, and securing rightful compensation add an additional layer of distress. 

Without legal assistance, families may struggle to receive the justice and financial support they deserve, leaving them overwhelmed and underserved. At Craig Swapp & Associates, our experienced wrongful death lawyers in Colorado are here to help. We provide compassionate and competent legal representation, ensuring that families receive the compensation needed to address the financial and emotional impacts of their loss. 

Who Can File a Wrongful Death Claim?

The right to file a wrongful death claim in Colorado is structured around a specific timeline to ensure that the immediate family has the opportunity to seek justice for their loss. 

  • First-Year Rights: Exclusively, the spouse of the deceased holds the right to file a claim within the first year after death. This provision allows the spouse to make decisions without interference during their period of profound grief.
  • If No Claim is Filed by the Spouse: If the spouse either chooses not to file or there is no surviving spouse, the right to initiate a claim then passes to the deceased’s children.
  • Second-Year Filing: In situations where no claim was filed during the first year, the second year widens the eligibility to both the spouse and the children of the deceased. If neither a spouse, children, or parents are available, the beneficiaries of the deceased then have the right to file the claim.

Navigating who can file a wrongful death claim, understanding the limited timelines, and managing the legal process require detailed legal knowledge and experience. Engaging a competent Colorado wrongful death lawyer ensures that all aspects of the claim are appropriately handled, providing the family the space to grieve without the burden of legal complexities. 

What Constitutes a Wrongful Death in Colorado?

A Colorado wrongful death is legally defined as any death that results directly from the negligence, recklessness, or deliberate actions of another individual or entity. This includes a wide range of scenarios where the failure to act with reasonable care or intentional harm causes the untimely death of someone.

  • Auto Accidents: Often the result of negligent driving, such as speeding, distracted driving, or driving under the influence, which are tragically common and can lead to fatal outcomes.
  • Medical Malpractice: This can occur when healthcare professionals fail to provide the standard of care required, resulting in fatal errors such as misdiagnosis, surgical mistakes, or improper medication management.
  • Occupational Hazards: Deaths that occur in the workplace due to inadequate safety protocols, exposure to harmful substances, or dangerous working conditions.
  • Criminal Acts: Intentional acts such as homicide or manslaughter also fall under Colorado wrongful death laws, holding perpetrators legally accountable for their actions.

These instances not only highlight the types of negligence or misconduct that can lead to a wrongful death lawsuit but also emphasize the importance of consulting with knowledgeable wrongful death lawyers in Colorado.

Steps in Filing a Wrongful Death Lawsuit in Colorado

Filing a wrongful death lawsuit in Colorado involves several critical steps that require careful attention to detail and adherence to legal standards:

1. Consultation with a Legal Professional

Initiating a wrongful death claim begins with a consultation with a Colorado wrongful death lawyer. This professional is well-versed in Colorado wrongful death laws and will ensure that your rights are fully protected. During the consultation, the lawyer will evaluate the merits of your case, advise you on the legal options available, and discuss the potential paths forward.

2. Investigation and Evidence Gathering

The next step involves a thorough investigation of the circumstances surrounding the death. Your attorney will collect and organize crucial evidence to support your claim. This may include obtaining medical records, accident reports, and witness statements, as well as hiring expert witnesses to testify on technical aspects of the case, such as medical experts or accident reconstruction analysts.

3. Filing the Lawsuit

Once the necessary evidence is collected and the claim is meticulously prepared, your lawyer will file the lawsuit in the appropriate Colorado court. This legal document formally initiates the lawsuit process and sets forth the basis of your claim, outlining the negligence or misconduct alleged against the defendant.

4. Negotiations and Litigation

While many wrongful death claims are resolved through negotiated settlements out of court, some cases proceed to trial. Settlement negotiations may provide a quicker resolution and compensation without the uncertainties of a trial. However, if a fair settlement cannot be reached, your lawyer is prepared to argue your case in court, seeking justice and the maximum compensation possible through a jury verdict.

Navigating a wrongful death lawsuit in Colorado demands a comprehensive understanding of legal processes and meticulous preparation. By following these general steps, families can assert their rights and work towards a resolution that honors the memory of their loved ones.

Statute of Limitations for Wrongful Death in Colorado

In Colorado, the statute of limitations sets a strict deadline for when a wrongful death lawsuit must be initiated. Families have two years from the date of the loved one’s death to file their claim. 

This legal timeframe is crucial; missing this deadline typically results in the loss of the legal right to seek compensation through the courts. This period allows families time to grieve while also ensuring that claims are made while evidence is still fresh and testimony remains clear. 

Understanding and adhering to these time constraints is essential, and a knowledgeable Colorado wrongful death lawyer can provide guidance to ensure compliance with all legal deadlines.

Book Your Free Consultation with Us to Discuss Your Case 

While no amount of money can replace a loved one, pursuing a wrongful death lawsuit in Colorado can provide financial stability and a sense of justice to grieving families. If you have lost a loved one due to the negligence or wrongful act of another, consider reaching out to our wrongful death lawyers in Colorado who can help you understand your rights and options under Colorado wrongful death laws. Call Craig Swapp & Associates today or contact us by answering our online form to schedule your free consultation.

Written By: Ryan Swapp     Legal Review By: Craig Swapp