To have a valid and successful wrongful death lawsuit in Colorado, your family must obey relevant state laws. An attorney can help you navigate these laws, protecting your family's best interests along the way. The first is the statute of limitations. This law gives you a limited amount of time in which to file a wrongful death lawsuit. In Colorado, you have no more than two years from the date of your loved one’s death to file. If the death was caused by a hit-and-run vehicular homicide, however, you have four years to file.
Another law to know is the restriction on who may file. In the first year after the death, only the decedent's surviving spouse has the right to file. The spouse may also elect to add the decedent's children to the claim. In the second year, the decedent's surviving spouse, children or eligible designated beneficiary may file a wrongful death case. If these entities do not exist, the decedent’s parents may bring the wrongful death action.
Finally, discuss the types of damages – or financial compensation – that may be available with a wrongful death case. The law may entitle your family to receive a settlement or judgment award to make up for the wages the decedent likely would have earned, the loss of other benefits such as life insurance, funeral and burial costs, the survivors’ pain and suffering, and loss of the decedent’s companionship.