Losing a loved one is a heartbreaking experience. Losing them because of the negligence of another person is a feeling that cannot be explained. If your loved one passed away through no fault of their own, you have the option of filing a wrongful death claim. There is often a lot of confusion about filing a claim, and knowing more about it can help you to make a decision.
What Is Wrongful Death?
A wrongful death claim is a civil action filed against a party for causing a death, in lieu of criminal action or after criminal action has failed. What is considered a wrongful death may vary, but one thing that stands is that Colorado has its fair share of accidental deaths. According to the Centers for Disease Control and Prevention, the third leading cause of death in the state is accidents.
An easy way to know if a wrongful death claim would be applicable is if the deceased would have had cause to file a personal injury claim if they had lived — for example, if they were injured in a car accident or because of medical malpractice. There is also the possibility of bringing a claim against a person who intentionally killed the deceased. This would have to be after failed criminal action.
If you are unsure if you are able to file a wrongful death claim, contact a Colorado attorney for more information. Gama Law Firm offers initial free consultations and is always willing to answer your questions.
Can I File a Claim?
If you are the deceased’s spouse, or if they were unmarried and you are their next of kin, you are eligible to file a wrongful death claim. If there is no next of kin, a representative of the deceased's estate can file a claim. In Colorado, the statute of limitations for filing a claim is two years.
Since the time to file a claim is so short, it is very important to find a wrongful death lawyer quickly and get the proper recourse. An attorney can tell you your options and help you decide which route to take. At Gama Law Firm, attorney Richard Gama is an experienced Aurora-based personal injury and wrongful death attorney who will be empathetic with you and your case but will fight for you in court or settlement proceedings.