Home Law What to Know When Filing a Wrongful Death Claim in Pueblo

What to Know When Filing a Wrongful Death Claim in Pueblo

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Losing a loved one can be very traumatic. It can make you feel shocked, confused, depressed, and sad. It is even more devastating if the death could have been prevented. If you lose a member of your family in a car accident that resulted from the negligence of another person, it is wrongful death and you should contact Pueblo car accident lawyers to know your legal options and rights.  The culprits behind the crash have a legal obligation to compensate you. Your attorney can help you get compensated so you can grieve in peace. They can help you file a wrongful death claim which illustrates your demand for financial compensation to help offset the losses you have suffered from your loved one’s death. Also, the claim shows your intention to seek justice for your loved one’s premature passing. 

What Damages Can You Collect?

In Colorado, only the decedent’s surviving spouse can bring a wrongful death claim during the first year after the date of death. After this period, the surviving children can also bring a wrongful death claim. If the decedent did not have a surviving spouse or children, the surviving parents can file an action. But, it is important to keep in mind that there are complications in this matter. 

The statute of limitations for a wrongful death claim in the state is two years from the date of death. Under specific circumstances, this can be postponed or tolled. This makes it even more important to speak with an experienced lawyer. 

Possible Damages Claimants Can Recover

When a Pueblo wrongful death claim is brought in civil court, it is resolved through monetary means. However, while there is no limit on the amount of economic damages a court can award in a wrongful death case, non-economic damages in the state have caps. Damages that claimants may get include funeral and medical expenses, loss of income and services, emotional loss and the loss of companionship, and pain and suffering. Colorado allows for punitive damages if the actions of the defendant were willful or reckless. 

Who Can Be Sued in a Wrongful Death Case?

The person you sue depends on the type of incident that led to your loved one’s death. You can sue almost everyone for wrongful death, except for individuals with immunity due to their position within governmental agencies. In Colorado, claims against the government need to be filed within 182 days. In the case of a car accident, you can sue a driver who ran over your family member and the company that employs them. Also, you can sue a driver on the freeway who hit your family member.