Who Receives Compensation in a Wrongful Death Claim?

Losing a loved one is never easy. It can be one of the most challenging and straining times of someone’s life. The last thing anyone needs to worry about after such a loss is legal issues. Unfortunately, when their loved one’s death was a result of negligence, families don’t have much of a choice. Not only do they need to hold the responsible parties accountable, but many often need to recover the monetary compensation from a wrongful death claim to help with the sudden financial stress brought on by the victim’s death. 

The attorneys at Mintz Law Firm understand that our clients are coming to us in some of their darkest moments and take great pride in being the support they need to get through it. Wrongful death claims are challenging not just legally, but personally. At Mintz Law Firm, we are there for our clients from beginning to end, ensuring that they have the legal support they need to secure favorable results.

Who Receives Compensation in a Colorado Wrongful Death Claim?

Every state allows families to bring forth wrongful death claims. However, each state has its own set of laws that governs who can file the claim and receive compensation. In Colorado, who can file a claim and receive compensation depends on how long it’s been since their loved one’s death. 

The First Year After the Victim’s Death

In the first year after the victim’s death, a claim can be brought by the victim’s surviving spouse. With a written notice from the surviving spouse, a claim can also be brought by both the spouse and the victim’s heirs or by the heirs alone. Finally, if the victim died without any surviving spouse, a wrongful death claim can be brought by their heirs or their designated beneficiary. 

The Second Year After the Victim’s Death

In the second year after the victim’s death, any of the following parties can bring forth a wrongful death claim:

• The victim’s spouse
• The victim’s heirs
• The spouse and the heirs
• Designated beneficiary 

Wrongful death claims must typically be filed within two years of the victim’s death, or the lawsuit is at risk of being dismissed and recovery lost. 

When Can Parents File a Wrongful Death Claim?

The victim’s parents may only file a claim for their adult child if their child had no surviving spouse, children, or designated beneficiary within two years after their child’s death. When a minor is the victim of wrongful death, the parents are able to file on behalf of the child. 

Colorado law doesn’t allow siblings, aunts, uncles, cousins, or close friends to pursue a wrongful death claim or receive compensation. 

Contact Mintz Law Firm to Work with a Skilled Wrongful Death Attorney

After the loss of a loved one, the last thing people want to deal with is lawyers and the legal system. Unfortunately, despite how challenging it is, families often need to pursue a wrongful death claim for multiple reasons.

Mintz Law Firm has the extensive experience, knowledge, and resources that families who are grieving need to ensure they get the fair treatment and compensation they are owed. Our attorneys are committed to helping our clients secure favorable results so that they get the closure they need to manage the financial impacts of their loss. Mintz Law Firm is here to listen and help you through the wrongful death process. Contact us today to schedule a consultation by calling (303) 462-2999 or reaching out through our online contact form.