Did your loved one die in an accident caused by another person? If this is the case, you may want to file a wrongful death claim against this party. But, you need to collect evidence to prove the negligent action of the at-fault party that caused the untimely death of your loved one.
Losing a loved one is truly devastating and you deal with the pain while thinking of how to face a new life without them, especially when it comes to finances. Although monetary compensation cannot replace your family’s loss, it could help you move forward with less stress and worries. A skilled personal injury who specializes in wrongful death cases will help you recover the compensation you deserve while you focus on grieving for your loss and healing.
Establishing Wrongful Death
Family members of a loved one who died because of another party’s negligent action can bring a wrongful death lawsuit. Your Grand Junction personal injury lawyer will establish the following major elements to prevail in a wrongful death claim based on negligence:
- The at-fault party has a duty of care. To establish wrongful death, the party who caused your loved one’s death should have a duty to maintain the safety of others.
- They breached their duty of care. To be considered wrongful death, the at-fault party must have breached this duty.
- Their action caused your loved one’s death. Your attorney will collect proof that shows the defendant’s failure to act reasonably led to the death of another.
- You have sustained damages because of your loved one’s passing. Damages such as loss of financial support and loss of companionship will support a wrongful death claim.
Filing Deadlines to Meet
In Colorado, family members who lost a loved one due to a negligence-related accident have two years from the date of the death to file a wrongful death claim. Two years may seem a long time, but this period may sneak up quickly without you realizing it as you continue to grieve for your loss. Evidence and facts that surround the death may be forgotten during this time.
Who Can Bring a Wrongful Death Claim?
Under Colorado law, the person who can bring a wrongful death claim depends on the family situation of the decedent. If the person who died was married, their surviving spouse may file a claim in the first year after the death. In the second year, the surviving children and a named beneficiary can also file one.