Jordan, Herington & Rowley can help you navigate this process. Our attorneys will advocate aggressively on your and your family’s behalf to help you obtain the compensation you need.
Why Choose Us?
- We have decades of experience handling many types of personal injury and wrongful death claims. Our attorneys have the experience, skills, and background necessary to craft a compelling case.
- Our firm operates on a contingency fee basis for maximum affordability. You do not pay legal fees unless we win, and we will take an agreed-upon percentage of your settlement as payment.
- Our attorneys prepare every case as if it is going to trial and will not hesitate to move your claim to the courtroom if necessary.
Who Can File a Colorado Wrongful Death Claim?
Colorado law has strict rules regarding who can file a wrongful death claim on behalf of a deceased person. For the first year after the death, the surviving spouse of the deceased is the only person who can file a claim. For the second year, the spouse and any surviving children of the deceased are eligible to file a claim.
If the deceased was not married, did not have children, or these parties are no longer alive, the surviving parents of the deceased may file a claim. In addition to family member lawsuits, the personal representative of the deceased’s estate may file a claim known as a survival action to collect certain damages.
What Damages Can You Collect in a Wrongful Death Claim?
The purpose of wrongful death claims is to award monetary damages to the family members of the deceased for the losses associated with his or her death. The purpose of a survival action is to provide the estate with damages to cover losses associated with the estate.
Family members who file a wrongful death lawsuit may collect the following types of damages:
- Lost wages and other future earnings that the deceased would have provided the family if he or she survived the accident
- Lost benefits that the deceased held prior to his or her day, such as life insurance
- Emotional damages, including the loss of companionship, care, affection, protection, love, and comfort from the deceased person
On the other hand, the personal representative of the deceased’s estate may pursue the following losses.
- The final medical expenses associated with the final injury or illness of the deceased
- Funeral and burial expenses
In some situations, family members are also eligible to seek punitive damages in wrongful death claims. Colorado courts only award these damages if the at-fault party acted in a way that was extremely negligent or reckless. The purpose of these damages is to punish the defendant and discourage poor behavior, not to compensate family members for their losses.
Do You Need a Fort Collins Wrongful Death Attorney?
If you recently lost a loved one due to someone else’s negligence, contact the Fort Collins personal injury attorneys at Jordan, Herington & Rowley as soon as possible. Our attorneys will examine the facts of your case and let you know if you are eligible for a wrongful death claim, helping you strategize your next steps if you qualify.
Contact us today to schedule your free consultation with one of our Fort Collins wrongful death lawyers.