Who Can File a Wrongful Death Suit in Colorado?

Losing a family member can cause overwhelming grief and pain. When the death was due to the actions of another person, it can be even more upsetting. If your loved one died because of  the negligence of another, you could file a wrongful death claim to recover compensation.

Our team at Gerash Steiner Blanton, P.C. has incredible attorneys ready to advocate for you. Throughout 20 years of practicing law, our attorney Michael Blanton has recouped over $40 million for our clients. Michael has represented clients on trial and appeal nationwide and is ready to fight for you. And another of our attorneys, Eric Steiner, M.D., is a physician with 17 years of experience as a cardiac anesthesiologist. With 20 years of experience in law as well, Eric brings a perspective on the medical world that most attorneys lack. 

Connect with us today to learn more about who can file a wrongful death suit in Colorado and how to file your claim.

Who Might File Suit in Colorado? 

The individuals who can file a wrongful death claim vary depending on the time that has passed since the person’s death. When legally filing a wrongful death suit in Colorado, you must fall within one of the categories below. Our lawyers can help you if you have any questions. 

First Year

Generally, in the first year after the individual’s death, only a surviving spouse can file a wrongful death claim. There are several exceptions to this rule. Within the first year after the person’s death, the surviving spouse could also let the children file a claim. The surviving spouse could join the children of the deceased in the filing.

If there was no spouse, the children of the deceased could file a claim. A designated beneficiary could also file if the deceased did not have a spouse. Reach out to our experienced attorneys to get started.

Second Year

Multiple parties could bring a wrongful death claim in the second year after the individual’s death. It is crucial to follow these requirements to file a Colorado wrongful death suit. The individuals listed below can file a claim for wrongful death:

• The surviving children,
• The surviving spouse,
• The surviving children and spouse, or
• The children and a designated beneficiary.

It is essential to note that the parents can bring a claim if the deceased did not have a spouse, children, or a designated beneficiary. This applies if they were a minor or an adult at their death.

If you plan to file a wrongful death claim in Colorado, contact our knowledgeable attorneys at Gerash Steiner Blanton. 

Examples of Wrongful Death Claims

Since a wrongful death results from an intentional or negligent act, wrongful death claims vary widely. Remember that wrongful death claims are civil and not criminal claims. A few common kinds of wrongful death claims involve those below.

Medical Malpractice

For every wrongful death claim, including medical malpractice, you will have to prove negligence. In medical malpractice, your lawyer can help you show that the deceased’s medical provider breached their duty of care. One example of a breach of duty would be a mistake in administering anesthesia.

Motor Vehicle Collisions

Car accidents are a common cause of wrongful death lawsuits. Fatal injuries can occur for several reasons, including a distracted or fatigued driver. Our accomplished attorneys can help you to determine whether the other driver acted negligently or recklessly. Get in touch with our team today for assistance in recovering the compensation you deserve.

Semi-Truck Accidents

A semi-truck accident can also result in a loved one’s wrongful death. In a commercial trucking accident, several injuries may prove fatal. A handful of these include:

• Internal injuries,
• Traumatic brain injuries, and
• Spinal cord injuries.

Medical costs and other expenses may be recoverable through a wrongful death lawsuit. This can help make the victim’s family members “whole,” although nothing can reverse the tragic nature of a serious accident. If your family member died due to the negligent or intentional acts of another, allow us to aid you in your financial recovery. 

What Is the Time Limit to File a Wrongful Death Claim?

You must follow the statute of limitations, or time limit, when filing a claim. Filing your lawsuit will be difficult if you miss this deadline. Under Colorado law, you will have two years to file a wrongful death claim. This is subject to some exceptions. 

Get in touch with our attorneys, and we can help ensure that you file promptly. We are AV® rated by Martindale Hubbell®’s Peer Review Rating™ process. Moreover, we have decades of experience representing injury victims. Allow us to assist you in recovering the compensation you need.

What Damages Are Possible in a Wrongful Death Lawsuit?

In Colorado, there are various potential damages in a wrongful death claim. Keep in mind that this is not an inclusive list, and you should contact our attorneys for more details.

Medical Expenses

Medical bills are a kind of economic damages that you could recover when you file a wrongful death claim. This will help to compensate you for the medical expenses you paid on the victim’s behalf.

Wages the Deceased Would Have Earned

You might also recover for lost wages, which is another category of economic damages. This refers to the income the deceased person would have earned if they had lived. Contact our seasoned attorneys for further information on how you could receive compensation.

Pain and Suffering

Pain and suffering is one type of non-economic damages that you may receive under Colorado law. Since this falls under non-economic damages, it is somewhat less concrete than medical bills or lost wages. Some examples of pain and suffering include anguish and mental suffering, as well as psychological damage. Reach out to us if you have any questions.

How Our Attorneys Can Help You

If you are seeking additional advice, get in touch with our talented lawyers at Gerash Steiner Blanton. Our attorneys all continue the work of the distinguished Colorado attorney Walter L. Gerash. Furthermore, we contribute to several charitable organizations, including Uplift Internationale. Our practice areas include medical malpractice, personal injury, product liability, and vehicle accidents, along with criminal defense and other areas. Call us for more guidance or complete our online form. We are prepared to protect your legal rights and fight for you.