Losing a loved one in a fatal car crash is heartbreaking and emotionally traumatic. Although any claim won’t make things right for you and your family, the wrongful death statute of Colorado can help you get justice, economic support, and accountability. If you want to pursue a wrongful death claim after an accident that caused your loved one’s demise, Colorado Springs Personal Injury Lawyers can help you get the compensation you and your family deserve. Read on to know what you must prove to bring a successful wrongful death case in Colorado Springs:
Proving Negligence
In Colorado, a plaintiff must prove that the deadly accident took place because of the other party’s wrongful act or omission. Your attorney will establish that the negligence of the defendant contributed to the death. The kinds of actions or inactions considered to be wrongful depend on the circumstances of the case. For instance, if your loved one was killed in a vehicle accident, negligence could be distracted driving, speeding, or intoxicated driving. Each wrongful death claim should be built on a foundation of supporting evidence.
Statute of Limitations
The statute of limitations for a wrongful death lawsuit in Colorado varies by cause of death. Any civil action in the case of a wrongful death should be initiated within two years of the cause. But, the statute of limitations for cases when the defendant commits vehicular homicide in a hit-and-run accident is extended to four years.
During the first year after the death, the surviving spouse is the only party that maintains a cause of action to bring forth a wrongful death action. The children can bring forth the action in the second year. If there is no spouse, parents can bring forth the action. Also, the estate representative may file a lawsuit to recover losses.
Damages You Can Recover in a Wrongful Death
Under Colorado law, families of a person who died wrongfully can recover economic and non-economic damages in a lawsuit. These include funeral expenses and medical bills, loss of decedent’s earnings and services, as well as pain and suffering, and emotional loss and loss of companionship.
