Written by attorney Donald Joseph Banovitz

The Statute of Limitations for a Wrongful Death Claim in Colorado

Family members of victims of fatal accidents can claim damages for a case of wrongful death. Although no amount of money can fully compensate for the loss they have suffered, a settlement at least can lessen some of their financial burdens.

The Wrongful Death Act specifies the Colorado statute of limitations for a wrongful death claim. The Act at present has six sections -- C.R.S. §13-21-201, -202, -203, -203.5, 203.7 and -204. The Act specifies that when the death of a person can be attributed to negligence, a wrongful act or the fault of another person, the at-fault entity shall be held responsible and liable to pay the damages. The Act also dictates guidelines such as who can make a wrongful death claim, the types of damages that can be recovered with such a claim, the amount of the damages and the deadline for filing a claim.

The Statute of Limitations Regarding When to File a Claim

The statute of limitation for a wrongful death claim in Colorado specifies that claims be filed within two years of the death. Two years may sound like plenty of time to file the claim, but some families unfortunately wait to begin the process and may find themselves rushed as the deadline approaches.

Who Can Bring a Claim of Wrongful Death

Colorado’s laws specify that the surviving spouse and the children of the victim can bring a wrongful death claim. The parents of the deceased person can file for a claim only if the deceased doesn’t have a spouse or children.

The spouse is entitled to bring the suit in the first year after death, and the spouse may provide written notice allowing the deceased heirs to file the claim, too. If there is no spouse, then the heirs may bring the suit. In the second year, the spouse and/or heirs may bring the suit.

Recoverable Damages in a Wrongful Death Claim

Colorado law specifies the family can recover damages that cover lost earnings. Apart from this, other recoverable damages include loss of support and benefits like insurance as well as damages like loss of companionship, love, protection, assistance and/or care. Sometimes, punitive damages also may be paid to the survivors in an attempt to punish the at-fault entity and serve as a deterrent against future behavior.

Legal Help for Wrongful Death Victims in Aurora

Proving a wrongful death claim can be a challenging taskThat is why many plaintiffs in Aurora choose to seek the help of a personal injury attorney who is familiar with these cases and can help ensure the claim is filed within the Colorado statute of limitations for wrongful death.

The Law Office of D.J. Banovitz offers legal assistance to plaintiffs who wish to file wrongful death claims. Call us at (303) 300- 5060 for a free, no-obligation consultation.

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