When an injury suffered in a car crash or other Colorado accident proves fatal, the injured person’s surviving family members may be able to bring a wrongful death claim against the at-fault party with the help of an experienced attorney.
A “wrongful death” is a death caused by the negligence of another person or company. A death resulting from a car accident, a slip and fall, or from using a product with a deadly hidden defect are just a few of the situations that may give rise to a wrongful death claim.
In Colorado, the surviving spouse of a deceased person may file a wrongful death claim within the first year after an accident. In the second year, either the spouse or the deceased person’s children may file the claim. If the deceased person had no spouse or children, then the deceased person’s parent or parents may file the claim at any time in the two years that follow the accident. In general, a wrongful death claims must be filed within two years; however, attorney Timothy Bussey can help you determine exactly when the deadline falls in your specific case.
Damages available in a wrongful death claim include compensation for the loss of the deceased person’s support, loss of insurance and other benefits due to the death, the loss of the love, companionship, or guidance of the deceased person, and in some cases, punitive damages. Compensation for losses like medical bills or property damage resulting from the accident may also be available in some cases.