A wrongful death claim is a type of civil lawsuit that is used to establish liability. This liability focuses on either an entity or a person who was involved in the wrongful death of another person. The claimant in such a lawsuit must show recklessness, intent, or negligence on the part of the defendant. Many personal injury cases such as defective products, slip-and-fall situations, and auto accidents lead to claims for wrongful death.
Who to Talk to About a Wrongful Death Claim
In order to find out more about this type of civil lawsuit, you need to consult with a personal injury attorney in Vail. That is because this type of case is technically considered a personal injury lawsuit. However, the victim is not present to defend the wrongdoing. In Colorado, statutes elaborate on who can file a wrongful death lawsuit. They also state the time limits for filing a claim.
Who Can File a Wrongful Death Claim
If you speak with a personal injury attorney about this type of claim, they will only be able to help you after the first year of a decedent’s death if you are the surviving spouse. Surviving children have to wait two years in order to make a claim.
You may also speak to a personal injury attorney about a wrongful death claim if you are a surviving parent, provided the decedent has no surviving spouse or children. Damages for losses in a wrongful death claim might include wages and other types of compensation that the decedent may have earned if they had survived.
Damages may also include benefits that were lost because of the death. You can find out more about this type of claim when you click here. Know your rights by contacting an attorney who specializes in personal injury and wrongful death cases.