It is a hard pill to swallow knowing that a loved one has passed prematurely due to the acts of another party. In such cases it may be possible to bring a wrongful death claim against the responsible party. There are a few key things to know before you make that move.
Who Can File?
To file a death claim in Colorado, one must be related to the deceased individual and be able to show that the deceased’s death was caused by the acts of the offending party. One must also show financial distress due to the loss. An individual’s spouse, or parents if they are a minor, has a year to file a claim after the incident. If a spouse decides not to file, the deceased’s children may file a claim within the following year, and the spouse may join in on a class action suit brought about by the children even after the initial year.
Know What You Can Get
Outside of the general and punitive damages, there are other claims that you can fight for. A few key ones are as follows:
- Medical and funeral costs
- Loss of the victim’s earnings and benefits
- Suffering, mental anguish, and grief
Be mindful that your attorney will have to be able to support your claims in court.
To actually file and prosecute the claim you will need a lawyer. They will not only be able to represent you, but a knowledgeable lawyer will also be able to prove your case and get you the settlement that you deserve, possibly even a greater settlement than you expected.
It is important that you know the different aspects of a wrongful death claim before you file one. Knowing who can file, what types of claims can be filed, and the possible settlements can aid you in your preparation process. Ultimately, it comes down to whether you actually go through with the claim. Speak with your local lawyer today to review all of your possible options. Call 303-447-1144 today to schedule a free consultation with an experienced attorney concerning your wrongful death claim at Sloat & Nicholson, P.C.