Colorado Springs Wrongful Death Lawyers
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One of the most traumatic experiences that a person can face is the untimely death of a family member. When a person is killed because of the negligence of another party, certain surviving members can pursue what is called a wrongful death lawsuit. The wrongful death attorneys at Zinda Law Group can help guide you through this legal process.
We know this is a difficult time and want to represent you so you can focus on your family and healing. We can answer your questions and help determine if you have a case.
Who May File a Wrongful Death Lawsuit in Colorado
Colorado statutes establish which family members are eligible to pursue a wrongful death case. If the deceased is married, the spouse has an exclusive right to file a wrongful death case during the year immediately following the incident. If the deceased person has children, the children have the ability to pursue a wrongful death case after the expiration of the one-year time period immediately following the accident.
If the deceased has children, but no spouse, the children can pursue a wrongful death lawsuit during the year immediately following the accident, if they so desire. If neither a spouse nor children exist, the parent or parents of the deceased person can pursue a wrongful death lawsuit.
Time Frame for Filing a Wrongful Death Lawsuit
Colorado law maintains a provision that is called the statute of limitations. The statute of limitations sets the time frame during which a lawsuit seeking damages or compensation for losses and injuries must be filed. The statute of limitations requires a lawsuit in a wrongful death case to be filed within two years of the date of the accident.
The failure to file a wrongful death lawsuit within that time period results in the pursuit of such a case being legally impossible in the vast majority of circumstances. There can be a some narrowly defined exceptions to this rule. However, the family member cannot count on the court giving any leeway whatsoever when it comes to meeting the statute of limitations.
Compensation in a Wrongful Death Lawsuit
Two primary factors govern the type of compensation that may be available in a wrongful death lawsuit. First, the specific circumstances of the accident govern available compensation. Second, the nature of the relation between the suing family member and the deceased individual also governs the type of compensation available.
When it comes to the manner in which the family relationship governs compensation, the relationship between spouses works to illustrate the point. If a spouse files a wrongful death case, he or she is able to make a claim for what legally is known as loss of consortium. Only a spouse can make such a claim. It is a demand for compensation based on the loss associated with the unique relationship that exists between spouses. No other family member can make this type of claim in a wrongful death lawsuit.
The different types of compensable losses in a wrongful death case include:
- funeral expenses
- medical costs
- lost income or financial support
- loss of companionship
- loss of consortium
- lost benefits like health insurance
Punitive Damages in a Wrongful Death Lawsuit
In addition to the more basic type of compensation that can be awarded in a wrongful death case, a surviving family member might also receive an award of punitive damages in a lawsuit. Punitive damages represent an award of compensation that is designed not only to provide a family member with additional funds, but to serve as means of punishing the person responsible for the death because of what is deemed particularly reckless or egregious conduct in causing the accident.
Retain Experienced Colorado Springs Wrongful Death Lawyers
Zinda Law Group has a skilled legal team that includes experienced and caring Colorado Springs wrongful death lawyers. Our attorneys will take over the legal work for you so you can get back to focusing on what is most important: your family.
We will strive to provide you with top-notch legal counsel and clear communication throughout your case. Unlike many firms, you’ll be able to work with and speak to your attorney directly rather than a middleman. In addition, our firm does not charge a fee unless we obtain a favorable settlement or judgment for a client.
Call Zinda Law Group today for a free consultation with a Colorado Springs wrongful death lawyer.
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