Call Colorado’s Wrongful Death Lawyers for Help Now
Call Burg Simpson’s Wrongful Death Lawyers for Help Now
Filing a claim for wrongful death is particularly tragic because it means the loss of your loved one was the direct result of another person’s negligence or wrongdoing. While there is no amount of monetary compensation that will ever replace the loss of someone you love, filing a wrongful death case may help you to ease the financial burdens associated with the death of your loved one.
Financial Matters to be Considered:
- The lost income that the deceased individual would have contributed to the household,
- Lost benefits, such as life insurance and health coverage,
- Medical or hospital expenses accrued while the deceased was still alive,
- Funeral and burial costs.
Who Has Standing to File a Claim for Wrongful Death?
Colorado law dictates that only specific individuals have standing to file wrongful death lawsuits:
- Surviving Spouse:
Colorado law stipulates that only the surviving spouse is permitted to file a lawsuit within the first year of death. However, the law does state that other members are permitted to join the suit if the surviving spouse provides written permission.
Once the year time limit is up, surviving children may file a wrongful death lawsuit on the deceased’s behalf.
In the second year following the loved one’s death, parents of the deceased are also permitted to bring about a wrongful death claim. However, parents can only do so if their loved one has no surviving spouse or children.
- A Representative of the Heirs:
According to Colorado law, if the deceased does not have a surviving spouse, children, or parents, the heirs to the estate are not permitted to file a wrongful death claim. However, it is possible for a representative of the deceased’s estate to file a suit on behalf of the heirs. This is called a “survival action” and is filed to compensate the deceased’s estate.
What Is the Colorado Wrongful Death Statute of Limitations?
Colorado’s statute of limitations allows family members two years from the date of death to file a claim.
Exceptions to the two-year rule include:
- If the deceased lost their life due to an automobile collision, the family has three years to file a wrongful death claim.
- If the defendant attempts to conceal facts or evidence, the two-year statute of limitations may be extended.
- If the defendant engages in fraud, then the statute of limitations may also be extended
Note: Although statutes of limitations apply to wrongful death actions, it is always wise to have your case thoroughly evaluated by an experienced Colorado wrongful death lawyer. Your attorney will help you to fully understand your rights and options according to Colorado law.
Wrongful death lawsuits usually arise from incidents that include:
- Motor Vehicle Collisions
- Slip and Fall Incidents
- Workplace Incidents
- Defective Products
- Medical Malpractice
Securing Legal Representation
Securing experienced legal representation for a wrongful death matter can significantly improve the outcome of your case. Wrongful death cases can be especially complex, and it is always wise to have a lawyer with the depth of experience necessary to handle your claim. When you hire a wrongful death attorney at Burg Simpson, you can be confident that your lawyer has the skill and the experience necessary to resolve your legal matter.
Your Burg Simpson Lawyer Will Prepare Your Case for Trial
- Investigation. To be successful, your attorney must prove that the defendant’s negligence caused your loved one’s death. Burg Simpson’s wrongful death attorneys will establish the foundation of your case with evidence from the scene, witnesses, experts, and medical professionals.
- Calculation: Your attorney will calculate the extent of damages before a demand letter is issued.
- Negotiation. Your attorney will negotiate the terms of your wrongful death settlement.
- Litigation. While it is our intention to settle your legal matter, there are times when your lawyer will need to fight for you in court to obtain the compensation that you deserve. Burg Simpson’s lawyers are trial tested and trial ready.
Call Burg Simpson’s Wrongful Death Lawyers Now
At Burg Simpson, the objective of our award-winning lawyers is to obtain the compensation you deserve by preparing and presenting your case in the best way possible. Our attorneys have been protecting our clients’ legal rights for over 45 years, and we are here to protect you.