The sudden death of a loved one always feels wrong, especially when the death is caused by someone else’s wrongful actions or negligence. In these cases, close surviving family members may file a wrongful death lawsuit against the at-fault party to recover compensation for the economic losses caused by the death plus compensation for grief and anguish.
While sometimes these lawsuits are justified, it’s not uncommon for grief-stricken family members facing financial hardship to look for someone to blame. For those facing an unwarranted, unfair wrongful death lawsuit, it’s critical to seek legal representation and understand how to fight legal liability. Speak to our Westminster wrongful death attorneys for a free consultation today.
What are the Legal Tenants of Liability In Wrongful Death Lawsuits In Colorado?
A wrongful death lawsuit is a type of personal injury claim. If the circumstances of someone’s death would have made them eligible for compensation through a personal injury claim had they survived, then their closest surviving family members such as a spouse, parent, or adult child may file a wrongful death claim against the party at fault.
Proving liability in these cases requires the claimant to prove liability through a preponderance of the evidence showing the following:
- That the at-fault party owed a duty of care to the decedent
- They breached this duty through negligence or wrongdoing
- Their breach of the duty of reasonable care directly caused injury and death to the victim
- The injury victim’s family suffered economic damages from the death
Fighting a wrongful death lawsuit requires a strong defense disproving one of the above foundations of liability.
Strategies for Defending Against a Wrongful Death Lawsuit
Being held liable for the death of someone else and the financial harm done to the family because of the death is disheartening and frightening, with potential long-term impacts on a defendant’s life. Fortunately, an experienced attorney investigates all aspects of the case to choose the right defense strategy, including one or more of the following:
- Showing that the defendant did not owe a duty of care to the decedent; for instance, if the decedent died by drowning in a pool on the defendant’s property but they were trespassing at the time the drowning occurred
- Proving that the defendant upheld any duty of care they had to the decedent, such as following traffic laws at the time a car accident occurred
- Proving that the decedent died of other causes and not due to any negligence on the part of the defendant
- Proving that the plaintiff in the case (typically a close family member) did not suffer economic damages from the death
Under Colorado’s modified comparative negligence laws, a defendant in a wrongful death lawsuit may also prove that the decedent caused or contributed to the cause of their death through their own negligent, reckless, or wrongful actions, the death occurred while the defendant was defending themself, or that the decedent assumed full responsibility for the risks associated with their actions leading up to the death.
Who Can File a Wrongful Death Lawsuit In Colorado and How Long After the Death Can They File?
Defending against a wrongful death lawsuit may also involve showing that the plaintiff in the case does not have the right to file a lawsuit due to their relationship with the decedent or the timeline of their claim. In Colorado, only the spouse of a decedent may file a wrongful death lawsuit in the first year after the death.
After the first year, either a spouse or the heirs or beneficiaries of the decedent’s estate may file. If the decedent leaves no living spouse or heirs, a parent may file a lawsuit during the second year after the death.
Colorado has a two-year statute of limitations for wrongful death claims. The court will dismiss a case filed by a family member outside of the state’s hierarchy for wrongful death claims or who files more than two years after the death.
A skilled Westminster wrongful death lawyer in Colorado wrongful death lawsuits is a strong ally for those wrongfully accused of causing or contributing to another person’s death. Call Ciancio Ciancio Brown, P.C. for legal help today.