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There are only a few elements that need to be proven to win a wrongful death lawsuit in the State of Colorado. These factors are as follows: Fatal Injury, Duty, Breach Of Duty, Causation, Damages and filing your claim within the wrongful death statute of limitations. When all of these things are present and valid according to your local laws where the accident happened, then your chances of winning your wrongful death lawsuit are very high.
That doesn’t mean wrongful death lawsuits are easy, however. On the contrary, they are some of the most complicated and difficult cases out there. Our wrongful death lawyers have broken these factors down for further clarification below. It is never a good idea to pursue a wrongful death lawsuit without an attorney, however, and this article is only intended to serve as the most broad of guidelines.
Once the duty has been established, there needs to be a breach of that duty by the negligent party. Meaning that you have a duty to not run red lights but you ran a red light anyway and caused an accident that ended up killing the person that you hit. This would be a breach of duty (aka negligence) because you acted in an unsafe manner and willingly disobeyed the law that helps keep people safe. As mentioned earlier, if you did not breach your duty of care and the accident was outside of your control because you followed all the local laws, then breach of duty is not present and invalidates the claim.
Economic damages are damages that a dollar amount can be assigned to. In a wrongful death, typically the economic damages are in the form of loss of financial support from the decedent. By way of example, if a husband and father is killed in an accident, the surviving spouse and children lost the support of the decedent’s income over the course of his projected working life. These are damages that can be recovered in a wrongful death action, and there is no limit to the amount of economic damages that can be recovered. Burial expenses are another common category of economic damages in a wrongful death action.
Most states have a 2 year wrongful death statute of limitations which means you only have two years from the date of death to file your claim, and that is the case in Colorado as well. The statute of limitations runs from the date of death, not the date of the accident, but it is very strict and cannot be extended in all but the most unusual of circumstances. As long as you file your claim within this 2 year period, then that is the last piece needed to ensure you have a valid wrongful death claim that you can win. Consult your local laws or an experienced attorney to be sure. In Colorado the statute of limitations is 2 years. At Rector Stuzynski LLC we do not recommend you wait that long to file your claim though, as the more time you give your wrongful death attorney to put together a rock solid case for you, the better off you’ll be.
We serve clients injured anywhere throughout the state of Colorado, but we focus on residents of these areas: Colorado Springs, Manitou Springs, Fountain, Briargate, Monument, Black Forest, Pueblo, Canon City, Larkspur, Security-Widefield, Peyton, Castle Rock, Teller County, El Paso County, Elbert County, Park County, Douglas County and beyond.
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