Survival Action vs. Wrongful Death in Colorado
When families lose a loved one due to the actions or negligence of another person, they may have the option to file either a survival action or a wrongful death lawsuit in Colorado. While both legal actions provide a means of seeking compensation for your losses, there are significant differences between the two. It is important to consult with an experienced attorney to determine which legal action is appropriate for your situation and to ensure that you file your claim within the appropriate time frame.
At Mintz Law Firm, we’ve handled multiple wrongful death and survival action suits and understand that they can be incredibly difficult personally and legally. Our attorneys are proud to have offered our clients the support and services they need to help them cope with their loss and obtain full and fair compensation. When it comes to getting justice for your loved one, you need a strong team on your side. Contact us today to work with a firm committed to obtaining the best possible outcomes on your behalf.
Understanding Survival Action and Wrongful Death in Colorado
In Colorado, when someone suffers a personal injury due to the actions or negligence of another person, they may be able to file a personal injury lawsuit seeking compensation for their damages. However, in cases where the injury results in death, the victim’s surviving family members may have the option to file either a survival action or a wrongful death lawsuit.
Survival Action
A survival action is a legal claim brought on behalf of the deceased person’s estate. In Colorado, the estate is represented by a personal representative appointed by the probate court. The purpose of a survival action is to allow the estate to recover damages that the deceased person would have been entitled to if they had survived the injury. These damages may include compensation for medical expenses, lost wages, pain and suffering, and other losses that the deceased person incurred before their death.
Wrongful Death
A wrongful death lawsuit, on the other hand, is brought on behalf of the deceased person’s surviving family members, such as their spouse, children, or parents. The purpose of a wrongful death lawsuit is to compensate the surviving family members for the losses they have suffered as a result of their loved one’s death. These damages may include compensation for loss of support, loss of companionship, funeral expenses, and other losses related to the death of the loved one.
Differences Between Survival Action and Wrongful Death
While both survival actions and wrongful death lawsuits are brought after the death of a loved one, there are some key differences between the two. One of the most significant differences is who is bringing the lawsuit. In a survival action, it is the estate of the deceased person that is bringing the claim, while in a wrongful death lawsuit, it is the surviving family members who are seeking compensation.
Another difference is the types of damages that can be recovered. In a survival action, the damages are limited to the losses that the deceased person incurred before their death, while in a wrongful death lawsuit, the damages are focused on the losses suffered by the surviving family members. These losses may include financial losses, such as lost income or medical expenses, as well as emotional losses, such as pain and suffering or loss of companionship.
Finally, there are differences in the statute of limitations for these two legal actions. In Colorado, the statute of limitations for a survival action is generally two years from the date of the injury, while the statute of limitations for a wrongful death lawsuit is generally two years from the date of the victim’s death. These dates may fall on the same day in some cases, but every case is different. It is important to consult with an experienced attorney to ensure that you file your claim within the appropriate time frame.
Contact a Skilled Wrongful Death and Survival Action Attorney
Mintz Law Firm is a trusted and experienced personal injury law firm in Colorado that can assist you with your survival action or wrongful death lawsuit. Our team of dedicated attorneys has a proven track record of success in handling complex personal injury cases and can provide you with the guidance and support you need during this difficult time. With our personalized approach and commitment to client satisfaction, you can trust that your case is in good hands.
Retain a seasoned personal injury attorney and contact Mintz Law Firm today to schedule a consultation. We will work tirelessly to help you achieve the best possible outcome for your case and ensure that you receive the justice and compensation you deserve. Call us at (303) 462-2999 or complete our contact form to take the first step toward obtaining the legal help you need.