Who Can Bring Wrongful Death Claim

Who Can Bring a Wrongful Death Claim?

If you have lost a loved one and it was someone else’s fault, it may be possible to take legal action. Under Colorado’s Wrongful Death Act, certain family members can file a lawsuit after a loved one has been wrongly killed.

At the law firm of Coppola & Melonakis, we represent the surviving family members of people killed in accidents of all kinds. Our clients are people who lost loved ones in car accidents, truck accidents, on the property of another or because of dangerous or defective products.

Regardless of the complexity of the case, we are well prepared to help our clients achieve the best possible results in Colorado courts.

Bringing a Wrongful Death Claim in Colorado

Colorado statutes were written primarily to help people who were economically dependent on the deceased. Because of this, they give the spouse of the deceased the exclusive right to file a wrongful death action during the first year after the death.

During the second year after the death, the spouse and heirs of the deceased can both bring an action for wrongful death. Under the Wrongful Death Act, heirs include children and grandchildren of the deceased. Colorado courts have held that siblings cannot bring wrongful death lawsuits.

Seeking Compensation for Certain Losses

What compensation you receive and how much depend on the facts of your case, so it is important to talk with a lawyer about your own situation before acting. For many people, seeking compensation after the wrongful death of a loved one is not about the money. It is about bringing closure to a painful event, holding negligent or reckless parties accountable for the loss.

In wrongful death cases, surviving family members can seek compensation for certain loses:

  • Financial support that you would have received
  • Medical bills and funeral costs
  • Loss of the deceased’s pension and retirement savings
  • Loss of future earnings
  • Loss of companionship the deceased would have provided
  • Mental pain and suffering resulting from the loss of a loved one

Many families choose to pursue legal action after a wrongful death for one specific reason: Taking legal action sends a message to people who have done wrong. It shows that the circumstances will not be tolerated. By forcing negligent and reckless people and businesses to change, families of the deceased can often prevent the same harm from happening to others in the future.

To talk with a lawyer about the loss of a loved one, contact the attorneys at Coppola & Melonakis.