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Dealing with the loss of a loved one’s life is devastating under any circumstances. If your loved one died because of the preventable error or negligence of another party, however, it can be even more difficult to cope with the loss. At Dormer Harpring, LLC, a Thornton wrongful death attorney can investigate your loved one’s death and help you understand your legal rights as a surviving family member. Your goals are our goals, and we’ll treat your family like our own. Please contact us today for a free case consultation.
A wrongful death claim is emotional for loved ones. While you are dealing with confusing legal issues and filing requirements, you are also mourning the unexpected death of your family member. Hiring a wrongful death lawyer allows you to focus more fully on your family’s recovery and future while your lawyer takes care of complicated legal tasks on your behalf. Unlike an insurance company, a personal injury lawyer attorney will want your family to recover as much money as possible. Your lawyer will provide compassionate and high-quality legal counsel.
Colorado’s wrongful death laws allow for the filing of a civil lawsuit by surviving family members after certain accidents. The law states that a wrongful death suit is available for families if the deceased individual (decedent) could have filed a personal injury suit had he or she survived. Several types of accidents lead to wrongful death claims in Colorado, including:
Negligence is the basis for most wrongful death claims. The legal definition of negligence is the failure to act with reasonable care. Most wrongful death claims require the plaintiff to prove that the defendant named in the case owed the decedent a duty of care, breached or violated this duty through an act of negligence, and caused the fatal injury. It is not necessary to prove that the defendant intended to kill your loved one to be eligible for financial compensation through a wrongful death lawsuit.
At Dormer Harpring, LLC, our wrongful death lawyers in Thornton know that no amount of money will ever equal your loved one’s life. However, we are also aware of the financial struggles that a family can face after an unexpected loss, especially the death of a breadwinner. Our goal is to help your family get everything that it needs to get through this incredibly difficult ordeal – including a fair settlement to help cover your expenses. In Colorado, a wrongful death lawsuit can result in the following types of financial compensation (also known as damages):
Of course, filing a wrongful death lawsuit in Colorado is about much more than making a financial recovery. You and your family can hold a wrongdoer accountable for taking your loved one’s life. You can shed light on dangers or hazards in your community, such as dangerous premises or a careless company. This can lead to safety changes on an institutional level that may save lives in the future. Finally, a lawsuit can bring you the justice and closure that you need.
It is not possible for just anyone to file a death claim after the death of an accident victim, even if there is evidence that the death was wrongful. Colorado law has strict rules about who can file this type of lawsuit and when:
For more information about who can file a wrongful death claim in Thornton or to find out if you are an eligible claimant after losing someone close to you, contact Dormer Harpring, LLC. The filing rules can be confusing.
Like all states, Colorado has a deadline for bringing a wrongful death cause of action to trial. Act quickly if you believe that you have grounds to file a claim. There is a law known as the statute of limitations that places a time limit on your ability to bring a wrongful death lawsuit. In Colorado, you have no more than two years from the date of the individual’s death to file your claim, with some exceptions. It is important to meet this deadline, as the courts will most likely deny your claim if you miss your time limit.
While the two-year deadline applies to the majority of wrongful death lawsuits in Colorado, there are exceptions. If the defendant is a government entity, for instance, you must file a special notice within just 180 days of the death. By contrast, the courts may toll, or extend, the statute of limitations if there is an ongoing criminal case against the defendant for the death. In this case, you may have two years from the date of the completion of the criminal case to file.
Filing deadlines can change from case to case. The best practice is to contact a wrongful death lawyer in Thornton as soon as possible to discuss a potential lawsuit. Reaching out to a lawyer without delay can ensure that you do not miss an important filing deadline that bars your family from seeking justice and collecting financial compensation.
If someone you loved recently passed away in an unexpected accident, we want to extend our sincere condolences for your loss. We invite you to contact us to schedule a free case evaluation in Thornton, Colorado for information about the legal side of things. Our wrongful death attorneys will listen to your story and let you know if we believe your case has merit. If so, we can guide you through the legal process in pursuit of justice, accountability, closure, and compensation. Contact us today at (303) 747-4404 to request your case review.