Can family file a wrongful death lawsuit in Colorado?

Colorado has a very specific process it follows when it comes to filing wrongful death lawsuits. Wrongful death lawsuits are filed when an individual dies as a result of someone else’s negligence, unskillfulness, or wrongful act and that individual would have had the grounds to recover damages from the liable party had he/she still been alive. In order for certain family members to file a wrongful death lawsuit on behalf of their loved one, they must adhere to Colo. Rev. Stat. §13-21-201 which governs who can bring a wrongful death claim against another party.

Which family members can sue for wrongful death in Colorado?

According to Colo. Rev. Stat. §13-21-201, during the first year after an individual’s passing, a lawsuit can be filed by the spouse of the deceased. If the surviving spouse permits, he/she may allow the heir or heirs of the deceased to also bring a claim during the first year so as long as it is done in writing. In the event there is no spouse, the heir or heirs of the deceased would then be permitted to bring an action against the negligent party who was responsible for the decedent’s death.

In the second year after the decedent passed, a wrongful death lawsuit can be brought by:

• The spouse of the deceased.
• The heir or heirs of the deceased.
• By both the spouse and heir(s).
• The designated beneficiary of the deceased.
• The individual’s estate

What if the decedent was an unmarried minor?

Colorado law states that if the decedent was an unmarried minor, his or her mother or father may join in the suit and both “shall have an equal interest in the judgment, or if either of them is dead, then the surviving parent shall have an exclusive interest in the judgment.” In the event the mother and father of the decedent are divorced, separated, or living apart, the law states that a motion “may be filed by either the father or the mother prior to trial requesting the court to apportion fairly any judgment awarded in the case.”

Damages Awarded in Wrongful Death Cases

The term “damages” refers to the financial relief that is provided to those who are successful at filing a wrongful death lawsuit. Some of the damages that are often awarded in these types of cases include:

• Injury damages for grief
• Loss of companionship
• Pain and suffering
• Emotional stress
• Funeral and burial expenses

Contact Bryan & Terrill Law, PLLC to Learn More About Filing a Wrongful Death Lawsuit in Colorado

If a family recently lost someone they love and they are looking for a way to hold the negligent party accountable, they can contact Bryan & Terrill Law, PLLC to find out if they qualify to bring a wrongful death lawsuit against them. For more than 17 years, Bryan & Terrill Law, PLLC has been providing legal assistance to individuals in Colorado, helping them gain the closure they need to move on along with the compensation they are entitled to. To receive a free consultation, call 720-923-2333 today.

Bryan & Terrill Law, PLLC can be reached at:

333 W. Hampden Avenue, #420B

Englewood, CO 80110

Phone: 720-923-2333

Website: www.btlawdenver.com