There are a few parties that can be held liable for covering a loved one’s medical expenses if their death was brought on by someone else’s negligent behavior. When an individual is the victim of an accident or a wrongful act and they undergo medical treatment/hospitalization before passing away, the person responsible for causing their death should be held financially responsible for covering their medical expenses. In some cases, however, the insurance company may also be liable for covering a portion of their medical expenses as well.
It all comes down to how the incident occurred and who was involved. For example, if a loved one was hit by a drunk driver and passed away a few days later after succumbing to their injuries, there are at least two potential parties who can be held liable for covering their medical expenses, the insurance company and the intoxicated driver who hit them.
Recovering Compensation from the Insurer
Generally, after an individual has been involved in any type of motor vehicle accident in Denver, their insurance company or the carrier of the party who hit them, is liable for covering some of the victim’s medical costs up to the policyholder’s limits. In the event those are exhausted and all the medical expenses have not been paid for, then certain surviving family members may be permitted to bring a wrongful death lawsuit against the driver who hit them.
Suing a Driver for Medical Expenses Related to a Fatal Alcohol-Related Crash They Caused
Under Colorado law, certain family members are permitted to file a wrongful death lawsuit against a driver or anyone else if their negligent actions were responsible for causing their loved one’s death. According to Colorado Revised Statute § 13-21-201, the following parties hold the right to file a wrongful death lawsuit on behalf of their loved one:
- The decedent’s spouse
- The decedent’s children
- The decedent’s parent(s)
- The individual’s estate
When a wrongful death lawsuit is filed, it is not only meant to recognize an individual for their careless or reckless behavior but it also helps those pursuing litigation recover compensation for things like:
- Medical expenses
- Loss of companionship
- Pain and suffering
- Emotional distress
- Funeral and burial expenses
What is the deadline to file a wrongful death lawsuit in Colorado?
Every state has its own laws that dictate how long individuals have to bring forth a wrongful death lawsuit against a negligent party. In Colorado, the statute of limitations to file a lawsuit for the wrongful death of a loved one is two years from the date of their death. Once that time limit has expired, the individual filing the suit may be barred from recovering damages.
Connecting with a Denver, CO Wrongful Death Lawyer for Legal Help
If an individual recently lost someone they love and they are looking for help with recovering compensation to cover the decedent’s medical expenses, they can contact the Denver, CO wrongful death lawyers at Bryan & Terrill Law, PLLC. Rather than having the decedent’s estate satisfy these expenses which could cut into any inheritances that are expected to be passed down, a wrongful death attorney may be able to help a family recover the compensation they are due from the insurer or the negligent party.
To learn more about filing a wrongful death lawsuit on behalf of a loved one, contact Bryan & Terrill Law, PLLC.
Bryan & Terrill Law, PLLC can be reached at:
333 W. Hampden Avenue, #420B
Englewood, CO 80110