Wrongful death cases are something that you hope to never have to deal with. But, should you find yourself in this devastating situation, you need to know who you can turn to for help, and what possible courses of legal action are available to you.
With this, there are many misconceptions about wrongful death cases that we hope to clarify for you. No matter what act led to the wrongful death of a loved one – whether it was medical malpractice, a motor vehicle accident, or a slip and fall – knowing how to proceed with a wrongful death lawsuit is extremely important.
As you continue reading through this guide, we will walk through some of the common myths surrounding wrongful death lawsuits and uncover the truth so you can better understand your rights.
Only the Surviving Spouse Can Sue
Many people believe that only the surviving spouse, the person assumed to be most directly impacted by the wrongful death, has the right to file a wrongful death suit. However, this is not exactly the case.
In Colorado, the priority for filing a wrongful death case goes to the surviving spouse for the first year following the death. However, if there is no surviving spouse, this right goes to any surviving children, and if there are none, it goes to the surviving parents.
If there is a surviving spouse, after the first year has passed and they’ve had the opportunity to file their case, the deceased individual’s heirs can file a claim, and then the surviving parents if the person did not have children.
Only Intentional Acts Can Lead to a Lawsuit
You may believe that only intentional acts, like murder, allow you to file a wrongful death claim against the responsible party. But, there are many circumstances where a wrongful death suit can be pursued.
In fact, wrongful death cases encompass a broad range of incidents, including accidents, medical malpractice, workplace accidents, and defective products. The cause of death doesn’t have to be intentional for a wrongful death claim to be valid.
Medical Expenses are the Primary Compensation
Some believe that you seek out a wrongful death lawsuit to cover any medical bills or expenses that you incurred as a result of the incident that led to the wrongful death. But, keep in mind that wrongful death compensation extends beyond medical expenses.
Damages sought in a wrongful death case may include funeral costs, lost income, loss of companionship, and emotional distress. All in all, the goal is to provide financial relief to survivors who were affected by the loss.
You Must Wait for the Criminal Case to Terminate First
For those who are unfamiliar with the legal system, it can be easy to confuse criminal and civil court proceedings. However, wrongful death lawsuits are civil cases that are separate from criminal proceedings. Thus, these two phrases are not interchangeable.
A defendant can face both criminal charges and a civil lawsuit simultaneously, but the outcomes serve different purposes – criminal cases seek punishment, while civil cases aim to provide compensation to survivors.
Therefore, you don’t need to wait until the criminal case has finished before you file your wrongful death suit. In fact, the statute of limitations for wrongful death claims in Colorado is two years, so you should file your claim as soon as you’re able.
It’s Inappropriate to Pursue Compensation After a Tragedy
You shouldn’t feel uncomfortable about pursuing a wrongful death claim after your loved one has died. You have the legal right to file a claim for a reason, and such laws exist to help protect individuals in trying circumstances.
While no amount of money can ever replace your loved one, seeking out the compensation you’re entitled to can help you deal with the financial damages and emotional loss you’re left with as a result.
Pursuing a wrongful death claim isn’t about capitalizing on a tragedy, but seeking justice and financial relief for survivors. It can be used as a way to hold the wrongful party accountable. Plus, compensation does play a practical role in helping cover the emotional and financial damages resulting from the wrongful death.
Any Attorney Can Handle a Wrongful Death Suit
Just because someone is a practicing lawyer does not mean they are qualified to handle a wrongful death claim. Because of the nuances of the laws related to these cases and the delicate nature of the surrounding circumstances, they must be handled by a specialized personal injury attorney.
Thus, you’ll want to work with a wrongful death lawyer who is experienced in handling such cases, like the Sandene Law firm. We have over a decade of experience with wrongful death claims and can be your personal advocate for receiving the maximum compensation you’re entitled to.
We have the resources, network, and expertise to thoroughly investigate the incident and build a solid case in your favor. Plus, we’re not afraid to take your case to trial if we don’t believe you’re getting a fair settlement offer during negotiations.
On behalf of the entire team, we extend you our sincerest condolences as you navigate the sudden death of a loved one. We hope to lend a helping hand during such a trying time and give you the peace of mind that your wrongful death claim is being handled by experienced professionals. If your loved one has died due to the negligence of an individual or business in the Denver area, we may be able to help, so contact us today for a free consultation.
FAQ’s
What are the common myths about who can file a wrongful death claim and the realities of those rights in Colorado?
To address the common myths surrounding wrongful death claims, it’s important to understand that in Colorado, not only the surviving spouse but also children and parents have the right to file a claim, depending on the timing and the deceased’s family structure. Wrongful death lawsuits can indeed be pursued for incidents that aren’t intentional, such as accidents or medical malpractice, expanding the scope beyond just intentional acts like murder.
Can a wrongful death lawsuit be pursued for incidents that are not intentional, like accidents or negligence?
When it comes to compensation, the scope extends far beyond medical expenses. Families can seek damages for funeral costs, lost income, loss of companionship, and emotional distress, aiming to provide a broader financial relief that addresses the multifaceted impact of their loss.
Besides medical expenses, what other types of compensation can be sought in a wrongful death lawsuit?
There’s also a misconception about the need to wait for criminal cases to conclude before filing a wrongful death lawsuit. In Colorado, families don’t have to wait for a criminal trial to end before pursuing a civil case for wrongful death. These are separate legal proceedings, and initiating a civil claim promptly is crucial due to the statute of limitations.
Do families need to wait for the conclusion of a criminal case before pursuing a wrongful death civil lawsuit?
There’s also a misconception about the need to wait for criminal cases to conclude before filing a wrongful death lawsuit. In Colorado, families don’t have to wait for a criminal trial to end before pursuing a civil case for wrongful death. These are separate legal proceedings, and initiating a civil claim promptly is crucial due to the statute of limitations.
Why is it important to choose an attorney specialized in wrongful death cases, and what expertise does Sandene Law offer in this field?
Lastly, the specialization of the attorney matters significantly in these cases. Wrongful death claims involve specific legal expertise and sensitive handling, which firms like Sandene Law provide. With over a decade of experience in wrongful death claims, they offer the necessary resources, network, and expertise to investigate the incident thoroughly and advocate for fair compensation, ensuring the legal process aligns with the family’s needs for justice and financial support during a challenging time.
