Who Can File a Wrongful Death Lawsuit?

Losing a loved one due to someone else’s negligence or misconduct is a devastating experience. In Colorado, state laws provide a pathway for surviving family members to pursue justice and financial compensation through a wrongful death lawsuit. However, not everyone is eligible to file such a claim. Understanding who can file and how the process works is essential for ensuring your family’s rights are protected.

If you believe you have a wrongful death case, our experienced Denver wrongful death lawyers are here to guide you through every step of the legal process.

Who Is Eligible to File a Wrongful Death Lawsuit in Colorado?

Colorado law outlines specific rules regarding who can file a wrongful death lawsuit, depending on the time that has passed since the loved one’s death:

First Year After the Death

In the first year following the death, only the surviving spouse is legally allowed to file a wrongful death lawsuit.

• If there is no spouse, the decedent’s children can file.
• If there are neither a spouse nor children, the decedent’s parents may pursue the claim.

Second Year After the Death

In the second year, the right to file expands:

• Both the spouse and children of the deceased can file.
• If there is no spouse or children, the decedent’s parents may still bring a claim.

If you’re unsure about your eligibility, speaking with an experienced Colorado personal injury lawyer can help clarify your rights and next steps.

What Damages Can Be Recovered in a Wrongful Death Case?

A wrongful death lawsuit aims to provide compensation for the financial and emotional losses suffered by surviving family members. Damages may include:

• Medical expenses incurred before the loved one’s death
• Funeral and burial costs
• Lost income and financial support the deceased would have provided
• Loss of companionship, love, and emotional support
• Pain and suffering experienced by surviving family members

While no amount of money can replace your loved one, securing compensation can alleviate the financial burden caused by their loss.

If you’re navigating the aftermath of a wrongful death, our personal injury attorney in Denver can help ensure you receive the justice and financial support you deserve.

How Long Do You Have to File a Wrongful Death Claim in Colorado?

Colorado law imposes a two-year statute of limitations for filing a wrongful death lawsuit. This means you must file your claim within two years from the date of your loved one’s passing.

Failing to meet this deadline can result in losing your right to pursue compensation. To ensure your claim is filed correctly and on time, reach out to our Denver wrongful death attorneys as soon as possible.

How Can a Wrongful Death Lawyer Help?

Navigating a wrongful death claim can be legally complex and emotionally overwhelming. An experienced attorney can:

• Investigate the circumstances surrounding your loved one’s death
• Gather evidence to build a strong case
• Negotiate with insurance companies on your behalf
• Represent you in court if necessary

At Boesen Law, we understand the sensitivity of these cases and are dedicated to fighting for justice on behalf of grieving families.

Common Scenarios Leading to Wrongful Death Claims

Wrongful death claims can arise from various situations, including:

• Car Accidents: When negligence, distracted driving, or impaired driving leads to a fatal crash.
• Medical Malpractice: Errors made by healthcare professionals resulting in a preventable death.
• Workplace Accidents: Fatal injuries caused by unsafe working conditions or defective equipment.
• Defective Products: Products with design or manufacturing flaws causing fatal injuries.

If your loved one’s death was caused by any of these scenarios, our legal team can help you understand your options.

Take the Next Step Toward Justice

Filing a wrongful death lawsuit in Colorado is about more than just financial compensation—it’s about holding negligent parties accountable and ensuring other families don’t suffer the same loss.

At Boesen Law, our compassionate team of attorneys is here to support you during this difficult time. Whether you’re seeking answers, exploring your legal options, or ready to file a claim, we’re here to help.

Contact us today for a free consultation, and let us fight for the justice your family deserves.