Losing someone you loved in a car accident is devastating. Having to deal with all the legal ramifications that come along on top of the suffering you are already going through can be overwhelming, but having a lawyer by your side to help you handle the legal aspect of the situation can help lessen the burden.
It is important to know the steps to take after a loved one has been killed in a car accident and your rights when it comes to wrongful death cases.
Wrongful Death
Wrongful death is the death of someone that was caused by the negligence, actions, or conduct of another person or company. Wrongful death laws vary by state, but in Colorado there is a specific time limit and 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.
Of course, securing legal representation to help you through this trying time is a necessary step to take. Give the legal team at The Law Offices of Jeremy Rosenthal a call today and discuss the best way to proceed with your legal defense at this trying time.