Colorado has laws that allow surviving family members to recover compensation when their loved one suffers a wrongful death. Wrongful death laws can apply in several scenarios when someone’s actions cause another party’s fatal injuries. In these cases, the at-fault party could be financially responsible for the damages related to the incident.
The attorneys at Cook, Bradford & Levy, LLC seek compensation on behalf of victims’ families in Boulder and the surrounding areas. We build cases based on motor vehicle accidents, defective products, nursing home abuse, and medical malpractice. Let us help you and your family in this difficult time—your initial consultation is free.Your Family may Qualify for Wrongful Death Damages
If there is evidence that another party caused your loved one’s death in Boulder, you could file a claim or lawsuit against them for your financial damages. To qualify for a wrongful death action, the fatal incident must have involved either a negligent or criminal act.
Colorado’s wrongful death laws outline the types of damages that you may recover from the liable party. This compensation relates to losses you and your family suffered because of the wrongful death, including:
- Loss of companionship
- Pain and suffering
- Emotional stress
- Funeral and burial expenses
- Loss of financial support and services from the decedent
Colorado wrongful death damages cap
Colorado also places limits on the amount you can collect for certain damages, particularly those that are non-financial. The exact cap can vary from case to case, depending on different factors, including how the death occurred.
When you work with us, our firm will explore all potential avenues of recovery for you and your loved ones, so you don’t have to worry about undervaluing your case.
Damages limited to survival actions
Specific damages may be available through a survival action. This type of case applies when the victim would have qualified for personal injury damages had their injuries not been fatal.
The decedent’s representative can file such an action to recover compensation on behalf of the estate. In this case, recoverable damages may include:
- Medical treatment for the victim’s injuries up until their passing
- Wages and benefits the victim was unable to earn before their passing due to their injuries
Under Colorado’s Wrongful Death Act, CO Rev Stat § 13-21-201 specifies which family members are eligible to bring a wrongful death case and when they can do so. For example, if the decedent was married, the surviving spouse has the exclusive right to bring a civil case within the first year after the death unless otherwise elected.
After that, both the spouse and children can file. If there is no surviving spouse at the time of death, the decedent’s children or a designated beneficiary may bring the action alone. If the decedent had no surviving spouse, children, or a designated beneficiary, the parents are eligible to file for wrongful death damages.
Deadlines for filing a wrongful death lawsuit
Just as there are restrictions on when certain parties can seek a wrongful death action, there are also filing deadlines. Per CO Rev Stat § 13-80-101, there is a two-year statute of limitations in Colorado for filing a wrongful death lawsuit.
This deadline applies to everyone regardless of their relationship with the decedent. It also begins from the date your loved one passed away––not from the date they initially got hurt or sick.
If you file after the deadline, the court can dismiss the lawsuit without hearing your case. Certain exceptions may also apply. When our team goes over your case, we can determine the exact deadline to help you maintain your right to file.What You can Expect When You Work With Our Law Firm
Our wrongful death lawyers in Boulder have worked on many of these cases, helping families navigate the challenging legal issues that often result from the sudden, unexpected death of a parent, spouse, or child. We have collected millions in financial recovery for our clients in Boulder County alone.
When our firm represents you, we commit to handling all the legal aspects of the case for you and your family. At Cook, Bradford & Levy, LLC, we do what it takes to hold the liable party responsible, including:
- Discussing the case with you and conducting an in-depth investigation
- Uncovering evidence of fault and liability for your loved one’s death
- Building a case against the responsible party
- Representing you in all related communications
- Calculating your recoverable compensation
- Filing the necessary paperwork by the deadline
- Addressing your questions and providing case updates
- Serving as your advocate throughout the legal process
Past clients have commended us for our team’s responsiveness and patience. Allow us to extend our compassion to you and your family as you go through the steps of seeking justice and compensation.Call for Your Complimentary Case Review Today
If you have lost a loved one by the fault of another party, our firm can help. The Boulder wrongful death attorneys at Cook, Bradford & Levy, LLC are trial-tested and ready to provide the legal support your family is seeking. You deserve to have a wrongful death lawyer on your side to help you fight for financial recovery.
We proudly serve clients in Boulder, Lafayette, Denver, Longmont, Aurora, and throughout the Front Range. Contact us at (303) 543-1000 for a free consultation.