The unexpected loss of a loved one is a painful and traumatic experience, especially when the accident that caused the death was entirely preventable. If you are currently grappling with the loss of a loved one as a result of negligence, we at Klein Frank, P.C. are here for you. Our attorneys can investigate the events and factors that may have caused your loved one's death in order to identify who should be held liable. We have 60 years of combined experience in handling personal injury cases of varying complexity.
To schedule a free initial consultation, call (303) 622-3876.
Why File a Colorado Wrongful Death Claim?
Our Boulder wrongful death attorneys are compassionate to the needs of our clients, especially those who are mourning the loss of a loved one. While we cannot change what has passed, we can help you pursue justice on behalf of your loved one. Whether a reckless driver or a profits-driven pharmaceutical company is responsible, we can help you file a wrongful death claim in order to recover compensation for your losses. A claim of this kind can help you and your family avoid financial duress for unexpected expenses.
Filing a wrongful death claim may help you recover damages for:
- Funeral and burial costs
- Medical bills prior to the death
- Loss of companionship
- Punitive damages
- And more
Who Can File a Wrongful Death Claim?
In Colorado, and most other states, a wrongful death claim cannot be filed by just anyone, even if they are related to the deceased. During the first year after the victim's passing, only the spouse is eligible to file a wrongful death claim. When the first year is up, then the victim's children become eligible to file a claim. In the case where the victim had neither a spouse or children, then their parents become eligible to file a wrongful death claim.
It's also important to note that there is a time frame wherein the victim's family can file a wrongful death claim. Any claim from either the spouse, children, or parents of the deceased must be filed within two years of the victim's passing. If you attempt the file a claim after the statute of limitations has passed, your case will not be heard in court, so it's important to speak with a skilled wrongful death lawyer immediately, so to ensure your case has the optimal chance of success.
Damages in a Wrongful Death Claim
While the amount in damages you will be able to recover will depend on the specifics of your case, the types of damages available for claimants to pursue remain the same in all wrongful death cases. These damages include:
- Loss of future earnings. This is the amount of wages or other compensation the deceased would likely have earned if they had not passed.
- Compensate for benefits lost the deceased provided such as life insurance.
- Loss of companionship, love protection and the like as a result of losing a loved one
The estate of the deceased is also eligible to recover damages for financial losses such as medical expenses incurred as a result of the deceased’s final injury or illness and funeral and burial expenses. In some cases, punitive damages can be awarded. Punitive damages differ from other damages in that their purpose is the punish the negligent party rather than compensation the claimants for their losses.
Don't wait to get help. Contact our firm to schedule a free consultation today.