Wrongful Death Attorney in Colorado

• Surviving spouse
• Surviving children
• Surviving parents (if a decedent leaves no surviving spouse or children)

For the first year following a person’s death, only a surviving spouse may legally bring a wrongful death action. Beginning in the second year, other eligible family members can bring the wrongful death claim. If a decedent leaves no surviving spouse, then their surviving children (or if none, the decedent’s surviving parents) may bring the wrongful death claim in the first year following the decedent’s passing.

Additionally, following a wrongful death, certain compensation may be recovered by the deceased person’s estate. This compensation represents losses suffered by the decedent before death or by their estate following their death.

This compensation claim is often called a “survival” action. It may be brought by the deceased individual’s personal representative (typically, the executor or administrator of the deceased’s estate). When you meet with Earl & Earl, PLLC, we will help you to determine if you are eligible to pursue wrongful death compensation from the party or parties who harmed your loved one.

What Are the Ways Your Family Can Be Compensated for a Wrongful Death?

No amount of money can ever bring a deceased family member back. However, when your family has lost a loved one due to another party’s wrongful actions, your family may be entitled to pursue compensation for the losses that you have incurred due to your loved one’s passing. Compensation that your family may be entitled to in a Colorado wrongful death claim include:

• Wages and other income that your loved one would have earned and contributed to your family had they lived
• Lost benefits such as health insurance, life insurance, or pensions
• Cost of lost services to your household performed by your loved one
• Loss of your loved one’s companionship, including your loved one’s care, assistance, protection, love, and society

Your deceased loved one’s estate may also be entitled to recover compensation for losses that your loved one suffered before death. The estate may also recover losses and expenses incurred by the estate following their death, such as:

• Costs of medical treatment for last injury or illness
• Conscious pain and suffering experienced by your loved one before their death
• Funeral and burial expenses

Our Colorado wrongful death lawyers at Earl & Earl, PLLC can help your family better understand what compensation you may be entitled to pursue for your loved one’s passing. It starts with a free consultation. We will always focus on your family’s individual needs and goals.

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

In Colorado, the statute of limitations generally requires you to file a wrongful death lawsuit within two years of your family member’s passing. If the deceased person has a surviving spouse, only the spouse can file a wrongful death lawsuit within the first year of the decedent’s passing.

If your family fails to file your wrongful death lawsuit before the statute of limitations expires on your claim, the court will have grounds to dismiss your case permanently. Your family could lose the right to pursue financial compensation in court.

If your family has a wrongful death claim against the state government or a local government or other public agency, Colorado law requires you to provide the appropriate government or public agency with notice of your claim within 182 days of your family member’s passing. This requirement is in addition to the statute of limitations. Failing to file a timely notice may bar your family from pursuing a wrongful death suit against the government.