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Who can file a wrongful death case, and what should you expect?

| Jun 9, 2021 | Wrongful Death |

Losing a loved one suddenly is difficult. You may lose an income that supports your family or lose a person who was your best friend. It’s traumatic on multiple levels to go through this kind of difficulty in your life, and it can be hard to know what to do next.

If your loved one was killed in an auto collision, then it is a good idea to look into making a wrongful death lawsuit. Filing this kind of lawsuit helps you collect compensation for their death, so that you can cover your own financial losses and get compensated for what they went through at the end of their life.

Who is allowed to file a wrongful death lawsuit?

Normally, it is only an estate’s personal representative who is allowed to file a wrongful death lawsuit, but others, such as family members, may sometimes file as well. For example, if you’re the spouse of someone who was killed, you will likely to be able to file a wrongful death claim and to seek compensation for their death. In fact, in Colorado, only the surviving spouse has the option of filing a wrongful death claim for the first year following their spouse’s death. Following that, their children have the opportunity to make a claim in the second year.

What kind of compensation can you get from a wrongful death lawsuit?

There are a few kinds of compensation that you can get during a wrongful death lawsuit. These include:

  • Compensation for pain and suffering that your loved one went through before their death
  • Medical bills and expenses related to their care
  • The loss of past and future income from that person
  • Loss of consortium
  • Loss of companionship

No compensation can fill the devastating hole of losing a person you love, but it may help you cover expenses related to your loved one’s funeral, end-of-life care and any income that was lost as a result of this death.

Will the defendant be punished with a wrongful death claim?

A wrongful death claim is a civil matter. The party who is at fault in the collision may face criminal charges, but they are handled separately. This is something to talk about with your attorney, because it may be worth waiting for a conviction before attempting to settle your wrongful death claim.

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