Can a wrongful death lawsuit be filed after the statute of limitations has expired in Colorado?
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