Wrongful death refers to a death caused by someone else’s carelessness, negligence or wrongful act. Although the wrongful doer may also face criminal charges, Colorado wrongful death lawsuit is a civil case and very independent from the criminal charges. Criminal charges seek to impose sanctions on the party at fault. If you are facing a wrongful death case or seeking compensation for your loved one’s death, it is recommended to work with a reliable Grand Junction wrongful death lawyer to understand your legal options.
A wrongful death lawsuit seeks to obtain compensation for the losses incurred by beneficiaries. Only the spouse or parents of the deceased can file a wrongful death lawsuit in Colorado State. Siblings are not allowed to file a suit.
Damages That Can Be Compensated
In Colorado State, it is the jury or judge that examines the losses incurred and determine the monetary value of the claim. Compensation is dependent on the facts presented and findings of the investigations done. Here are some of the losses that could be compensated:
- Wages and other benefits that the deceased would have brought to the family if he or she had not died
- Benefits such as insurance life insurance compensation
- Emotional trauma owing to loss of love, companionship, and care
- Medical costs incurred by the spouse and family during and after the accident
- All funeral and burial expenses are compensated
Statute of Limitations
Spouse, children, and parents are not allowed to file any lawsuit if it is past two years after the wrongful death. During the first year, children or parents of deceased may not be able to file a claim if the spouse is still alive. On the second year, parents or spouse can file a lawsuit to demand compensation. The first priority is given to the spouse, if the spouse is not alive, second priority is given to children and if there are no children then parents can file a claim. You can file a lawsuit even if there are criminal charges imposed on the at-fault party.
You Can Hire an Attorney
Insurance companies and people at-fault may be reluctant to compensate you. A wrongful death attorney can analyze the matter and advise you accordingly. Such advice will ensure you obtain a significant amount that will cater for all the loss you incurred. Pain and suffering have the compensation of up to $250,000 while the loss of companionship has the compensation of up to $250,000.
This means with proper legal representation, you could end up being compensated up to one million dollars. You, therefore, need a proper attorney to make sure facts are well-displayed. This is for you to convince the insurance company of the at-fault party that indeed you need to deserve the compensation.
Take your time and gather all the damages incurred. Hospital records and charges, medical examinations, photos of the scene and hospital stay may be relevant to prove your claim. A simple word of mouth may not warrant a nice compensation for beneficiaries. Make sure it is not past two years before you file a lawsuit since the statute of limitation prohibits overdue claims. You will also need documents to prove that you were the spouse to the deceased.