Who Can File a Wrongful Death Claim

If your loved one has died due to someone else’s negligence, it’s imperative that you know the time frame during which you may file a wrongful death lawsuit.

 

Here’s a short article as far as the wrongful death statute in Colorado – the time period for that statute as far as who can do what within those two years.

Generally, if you or a loved one has suffered the loss of a family member you have two years to file a wrongful death lawsuit.

Who Can File a Wrongful Death Claim? 

Within the first year of that two years, the surviving spouse will be the only one allowed to bring a lawsuit claiming damages from the loss of a loved one due to the negligence of someone else.

After that first year has passed, then the surviving children can bring a lawsuit claiming damages along with the surviving spouse, as well. Again, the deadline to file these claims is two years.

When Parents of Adult Children Can File a Wrong Death Claim 

Now, if a person has died and there’s no surviving spouse and there’s also no surviving children, then generally what’ll happen is that the parents are allowed to bring a lawsuit under the wrongful death statute.

Hire a Personal Injury Attorney

Due to the time constraints, it’s important to speak with a personal injury attorney as soon as possible if you or a loved one has suffered the loss of a family member due to the negligence of someone else or a defective product. Call 303-688-0944 to begin your free case assessment.