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Colorado has a statute that allows certain persons to bring a claim for wrongful death. Generally, the spouse and the heirs of the deceased person can bring a claim against the party or parties responsible for causing the death or the injuries that led to death. Suit must be filed within two years of the death, and if there is a spouse, then the spouse has the exclusive right to bring the lawsuit in the first year after the death. Halepaska Law can determine whether or not you have a case.
Generally, the damages which can be recovered in a wrongful death lawsuit include the expenses of the medical care and treatment for the deceased person as a result of the injury causing death; compensation for the loss of earnings, services, care, and assistance which the deceased person would have provided; and compensation for the grief, anguish, and distress suffered by the spouse or heirs because of the death.
Any type of conduct of the party causing another person’s death, whether intentional, reckless, or negligent, can be the basis of a wrongful death case. However, insurance coverage may not be available to pay the damages in the event the party who caused the death acted intentionally or knowingly in causing the death.
We Can Help
While a period of mourning is obviously appropriate after the death of a loved one, if the spouse or heirs do wish to pursue a wrongful death claim, it is important that the case be investigated and pursued as soon as possible. In many cases, proving the cause of death is the critical issue in the case, and so it may be important to obtain medical records and interview health care providers and others as soon as possible. In other cases, investigating the liability of the party who is believed to be at fault or the availability of insurance coverage may be the most important issue, and it is usually best to perform those investigations while everyone’s memories are fresh and evidence has not been lost or destroyed.
We have handled numerous cases with very successful outcomes for our clients, even where there was no insurance coverage. Many of these cases require that litigation be filed in order to resolve the case, and our experienced attorneys and staff can move quickly on investigating and filing the case and allow the spouse or heirs of the deceased person to address other, more personal concerns caused by the death.
Have I got a case?
Let’s talk about it. Telephone our office to speak to an attorney specializing in wrongful death.
How much will it cost me to bring a wrongful death claim?
In most cases you will pay nothing at all whether your case is successful or not.
Is there a time limit?
Yes. In most cases two years, but there can be exceptions. Now is the best time to act.
In most cases? What are the exceptions?
In high risk or complex cases we may agree with you from the outset that a success fee of up to 25% may be charged. This will not be payable if your claim is unsuccessful.
Will I have to go to court?
Probably not. Most cases settle. We often need to issue court proceeding to move matters along but it is rare for a case to go all the way to trial.