Colorado wrongful death lawyer | Online Lawyer Network

If the statute of limitations has expired on a wrongful death case, it is unlikely that one or more surviving family members will be entitled to take legal action. The statute of limitations for civil cases sets a timeline for which legal action can be taken. While certain factors may extend or reduce the statute of limitations for filing a wrongful death lawsuit, once the deadline has been reached, one or more surviving family members may have a difficult time recovering the compensation they may have been awarded had they adhered to the timeline.

What is Colorado’s statute of limitations for filing a wrongful death lawsuit?

Each type of civil case carries its own statute of limitations. When it comes to wrongful death cases, families generally have two years from the date of their loved one’s death to take legal action.¹

How can a family protect their right to compensation after a wrongful death?

Families in Colorado who are looking to recognize a negligent party for the wrongful death of their loved one can protect their right to compensation by contacting a Colorado wrongful death lawyer. If a family has a valid case, a wrongful death attorney will be able to determine how much time they have left to file their lawsuit and if there are any factors that would make them eligible to get the deadline extended.

A wrongful death attorney in Colorado will also assist a family with getting their lawsuit filed before the statute of limitations has expired.

What damages might a family be awarded in a wrongful death case?

The types of damages that may be awarded in a wrongful death case depend on who it is who is seeking compensation and what their relationship is to the decedent. For instance, a child may be entitled to different types of damages compared to a parent or spouse. To give family members an idea of what types of damages are often awarded in wrongful death cases, below is a list of a few:

Loss of companionship
Medical expenses. These are generally awarded if the decedent initially survived their injuries and sought medical care but later passed away.
Funeral and burial costs
Punitive damages
Loss of benefits (i.e. life insurance)

The Lawyers at Bryan & Terrill Law, PLLC Can Help a Family Get Their Wrongful Death Lawsuit Filed Before the Statute of Limitations Expires

If one or more family members in Colorado are looking to file a wrongful death lawsuit on behalf of their family member and they want to be sure it is done within the statute of limitations, they can contact Bryan & Terrill Law, PLLC for help. Bryan & Terrill Law, PLLC will be sure to help a family understand their legal rights and explain how they can be properly exercised.

Bryan & Terrill Law, PLLC can be reached at:

333 W. Hampden Avenue, #420B

Englewood, CO 80110

Phone: 720-923-2333

Website: www.btlawdenver.com

Source:

https://leg.colorado.gov/sites/default/files/images/olls/crs2016-title-13.pdf

Several laws in Colorado govern wrongful death cases and dictate how much surviving family members can receive, given they have a valid case. One law that family members who are entitled to damages should be aware of is Colorado’s contributory negligence law as it could impact how much they receive.

Understanding Colorado’s Contributory Negligence Law

If an individual suffered fatal injuries in an accident that was only partially their fault, while their loved ones can file a wrongful death lawsuit and potentially recover damages (i.e. financial relief), their award amount will be reduced. This is because Colorado, like many other states, follows a contributory negligence law.

While Colorado’s contributory negligence law does not bar certain family members from seeking damages on behalf of their loved one who would have otherwise been entitled to them had they still been alive, it does reduce the amount they are awarded. The law states that an individual can recover damages so as long as the decedent’s percentage of fault is “not as great as” the person who damages are being sought from.

If the decedent’s percentage of fault is less than the party who allegedly caused their death or contributed to it, then the amount awarded in damages would be reduced by this amount. For example, if certain surviving family members were awarded $500,000 over the wrongful death of their loved one, yet their family member was found to be 10% at fault for causing the incident that claimed their life, they wouldn’t be awarded the $500,000.

Instead, their initial award would be reduced by 10% and they would be left with $450,000.

What is the average payout for a wrongful death case?

There are many factors that must be taken into account before a wrongful death case can be valued. Therefore, the award amount does vary by case. Some of the factors that are often used to value a wrongful death case include:

Whether the decedent played a role in causing it to happen.
The number of surviving family members who are seeking damages and their relationship to the decedent.
How the loss has impacted the surviving family members’ lives.

The CO Wrongful Death Lawyers at Bryan & Terrill Law, PLLC Can Help Surviving Family Members Value Their Wrongful Death Case

If a family recently lost someone they love to a preventable accident in Colorado and they are looking to find out if they have a case and how much it is worth, they can contact Bryan & Terrill Law, PLLC for help with this and much more. The Colorado wrongful death lawyers at Bryan & Terrill Law, PLLC do offer free consultations and can be reached at 720-923-2333.