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Losing somebody that you care about is incredibly difficult, and grieving family members often do not know where to turn if they suspect that their loved one’s death was caused by the reckless or negligent actions of someone else. At The O’Sullivan Law Firm, our team is here to help if you need a Lakewood wrongful death attorney. We have the resources necessary to handle every aspect of wrongful death cases on behalf of our clients. Our goal is to help ensure that family members secure the closure and compensation they are entitled to in these situations.
When we look at the law regarding wrongful death cases in Colorado, we can see that wrongful death is defined as a death caused by “a wrongful act, negligent, or default of another” individual or entity. Wrongful death claims can become incredibly complicated, and an attorney will be necessary to fully investigate the situation. An attorney will begin by gathering any evidence needed to prove liability. For a wrongful death claim, this can include:
Additionally, a Denver wrongful death lawyer will work with economic and financial experts to go through the difficult process of calculating the total losses the family is expected to incur as a result of the untimely death. Using all of this information, an attorney will negotiate with insurance carriers and at-fault parties in an attempt to reach a fair settlement. However, an attorney will also fully prepare to take the case to trial, if that is what is necessary to ensure their client is treated fairly.
The law in Colorado is very specific about who is able to file a wrongful death claim. However, unlike other states, Colorado law also has stipulations about who can file these lawsuits based on how long after the death the claim is filed.
During the first year following someone’s death, the only person allowed to file a wrongful death claim is the deceased’s surviving spouse. However, there are some exceptions to this part of the law. The surviving spouse can choose to allow the deceased’s children to file the claim or join with the children in filing the claim. If the deceased person was unmarried when they died, then the deceased’s children or a designated beneficiary is allowed to file the wrongful death lawsuit.
If a wrongful death claim is filed in the second year following a person’s death, the following parties are allowed to file the wrongful death claim:
It is important to keep in mind that the wrongful death statute of limitations in Colorado is two years from the date an injury occurs. However, if the wrongful death is the result of a vehicle accident, this statute of limitations is extended to three years.
If you have lost somebody that you love due to the negligent or intentional actions of another individual, business, or entity in the Lakewood area, contact The O’Sullivan Law Firm as soon as possible. We have the resources necessary to fully investigate these claims, determine liability, and help grieving family members secure the compensation they need. Our compassionate attorneys are standing by to help you through this today. When you need a Lakewood wrongful death attorney, you can contact us online or call us at (303) 388-5304 for a free consultation.