Losing someone you loved in a car accident is devastating. Having to deal with the legal ramifications that accompany the suffering can get overwhelming quickly for anyone.
If you’re dealing with a wrongful death accident securing legal representation that you can trust is critical.
As is having a lawyer with experience in these types of cases – a lawyer like the legal team at Rosenthal Law Offices in Denver, CO. An experienced wrongful death attorney will immediately relieve you of the legal aspects of the accident including medical bill inquiries, insurance company negotiations and estate issues. Furthermore, your attorney will serve as a valuable resource to help you navigate the issues associated with a wrongful death accident.
What is Wrongful Death?
Wrongful death is the death of someone that was caused by the negligence, actions, or misconduct of another person or company. Wrongful death laws vary by state, but in Colorado there is a specific time limit as well as other limitations on who can bring a wrongful death claim.
- During the first year after death, only the surviving spouse can bring a wrongful death claim, and both the surviving spouse and children can thereafter
- If there is no spouse, then the children may bring a wrongful death claim
- If there is no spouse or children, then the parents of the deceased may bring a wrongful death claim
There is a two year statute of limitations in the state of Colorado, meaning that a wrongful death claim must be brought in the first two years after the death. Though you have two years to bring a claim, it is best to do it as soon as possible after an accident to ensure that there is no loss in evidence that could support your claim and give a better chance of winning your lawsuit.
In most cases, wrongful death claims fail due to the other driver being uninsured or underinsured. Even if they have ample coverage, the insurance companies may claim that they are not responsible for the accident. In these cases you can possibly bring a suit against the car manufacturer, or in cases where alcohol was involved, the bar or home in which the person became intoxicated.
Important Considerations
If you are planning on bringing a wrongful death claim against someone it is important to be prepared. Secure all records from the accident such as police records and statements taken from witnesses that were at the scene of the accident. This will ensure that vital evidence is not lost and can benefit your claim. The sooner you can compile this information the better, since fresh evidence will help strengthen your case. It is best to discuss the circumstances with a lawyer to find out if you have a claim.