Who Can File a Wrongful Death Lawsuit in Colorado?

Losing a loved one is devastating, especially if the loss happened as a result of the negligence or wrongdoing of others. While nothing can bring your loved one back, Colorado law does provide you with a legal remedy in these tragic situations.

Colorado law allows a wrongful death claim if a person or company caused someone’s death through wrongdoing or negligence. But there are specific requirements for who can pursue this type of legal case. Hadfield Stieben & Doutt,  LLC understands the rules inside and out, and we can help surviving family members pursue justice.

Give us a call today to schedule a free consultation with a Loveland, CO wrongful death lawyer to find out if you have a case and to learn how we can fight for you. You can also read on to learn the rules for who can file a wrongful death lawsuit in Colorado. 

Who Can File a Wrongful Death Lawsuit in Colorado?

Colorado Revised Statutes sections 13-21-201 and 13-21-202 establish the right to pursue a wrongful death claim and make clear who can bring this type of case. Under these laws, the people who are allowed to pursue a wrongful death case actually change over time.

Specifically, in the first year after the death, a wrongful death claim can be brought by:

• The spouse of the deceased
• The spouse of the deceased and the heirs of the deceased, if the spouse elects this option in writing
• The heirs of the deceased alone, if the spouse elects this option in writing
• If there is no spouse, by a qualified designated beneficiary, or by the heirs

In the second year after the death, a wrongful death claim can be brought by:

• The spouse of the deceased
• The spouse and heirs
• The heirs
• A designated beneficiary

Understanding these specific rules and deciding who should bring a claim can be complicated, which is why it is helpful to get legal help as soon as possible after a death.

You’ll Need to Prove Responsibility for the Death

You must have legal standing to bring a claim under Colorado laws, but you also must have the ability to prove a wrongful death claim to successfully recover damages. This generally means you must show that:

• The defendant owed a duty to your deceased loved one to exercise reasonable care
• The defendant negligently breached the duty, either through violation of a safety rule or by behaving more carelessly than a reasonable person would have
• The defendant’s breach was the direct cause of the death
• You suffered damages as a result of the death

Hadfield Stieben & Doutt, LLC will help you to determine if you have a claim and will work with you to build the strongest case possible, including identifying all defendants and gathering evidence to prove both the cause of the death and the extent of your damages.

Contact a Wrongful Death Lawyer from Hadfield Stieben & Doutt Today

There is often a substantial amount of money at stake in wrongful death claims because of the tremendous loss caused by a fatal accident. You need to make sure you have the right advocate to identify who can bring a wrongful death claim and to help you preserve your rights.

Our Loveland accident lawyers have been representing surviving spouses and other loved ones for decades, and we’re ready to help you pursue justice. Give us a call or contact us online today to schedule a free consultation and find out more about how we can help you.