What You Need to Know About a Wrongful Death Claim

The wrongful death of a loved one leaves an unimaginable hole in the lives of the surviving family members. Your legal rights are the last thing on your mind when you are dealing with the shock and grief of losing part of your family. In the aftermath of tragedy, the first thing you are likely to face is emotional pain and suffering. As time goes on you may discover that your loved one’s death leaves you with more than grief and distress. The financial impact of medical bills, funeral expenses, and lost future wages can make your road to emotional recovery far more difficult.

If your family member’s death was caused by someone else’s negligence, you have the legal right to receive compensation.

Dealing with complex legal matters, especially during an emotionally turbulent time, should be left to the professionals. Cave Law is here for you and your family. We will fight for your legally entitled compensation if your loved one died because of someone’s negligence. Nothing can bring back your loved one, but we will partner with you to help restore your finances so you can focus on working through the grieving process.

What is wrongful death?

To bring a wrongful-death claim to court, the death needs to be caused by another person’s negligence or by another person’s intent to cause harm. In addition, Colorado law requires the surviving family member be able to demonstrate that a monetary loss occurred because of the death.

Common causes of wrongful death include car accidents, truck accidents, motorcycle accidents, aircraft accidents, watercraft accidents, and pedestrian/bicycle accidents. Additional causes are workplace accidents, accidents on dangerous property, dangerous or defective products, and nursing home abuse or neglect.

Who can file a wrongful-death claim?

In Colorado, the decedent’s (person who has died) spouse may file a wrongful-death claim. Or, with the spouse’s consent, an heir of the decedent may file a claim. If there is no spouse, the decedent’s children or the designated beneficiary can file the claim. 

Is there a deadline to file a wrongful-death claim?

Yes. In Colorado, a wrongful-death claim can only be filed within two years after the date of death. If the claim is not filed within the two-year timeframe, the decedent’s family members cannot be compensated for losses. 

Is wrongful death a criminal or civil matter?

Depending on the situation, it can be both a criminal and a civil matter. A common example is death caused by a car crash. In certain circumstances, like driving under the influence, a driver who kills an innocent person may be criminally charged with vehicular homicide. This would be a criminal matter and does not address financial compensation for the surviving family members.

Whether or not a criminal case is filed against the negligent party, a civil wrongful-death claim must be filed to receive financial compensation. Additionally, compensation can be for medical expenses, funeral expenses, and loss of future earnings, as well as non-economic losses including pain and suffering. 

Where should you start?

There are important steps to take if your loved one’s death was caused by someone else’s negligence: 

1. Make sure you are within the two-year timeframe to file a claim. 

2. Save the receipts for medical and funeral expenses. 

3. Contact Cave Law to discuss your case and file a claim. 

Why choose Cave Law?

We are fully qualified to help you recover damages due to wrongful death. Each of our attorneys is authorized by the Supreme Court to practice law in all courts in the State of Colorado, as well as the United States District Court of the District of Colorado.

Our team is dedicated to walking you through the process of filing a wrongful-death claim and has the experience to tackle the challenges along the way. You can feel confident turning the details over to us, while you and your family take time to grieve and find a new way forward. 

Contact Cave Law today for your free consultation and let us earn your trust during this difficult time.