Close Menu

Who Can File a Wrongful Death Claim? Understanding Eligibility

Who Can File a Wrongful Death Claim Understanding Eligibility

Tragically losing a loved one in an accident is any family’s worst nightmare. The Lakewood wrongful death lawyers at The Frickey Law Firm can get to the bottom of your case and help your family plot a legal path forward as you seek compensation for what happened.

Colorado law allows certain family members to file a claim or lawsuit to hold the responsible party accountable for what happened. If you are successful, your family may receive a significant settlement or award. It is essential that you are aware of the legal framework because Colorado has its own unique complexities regarding who may actually file the lawsuit and how the proceeds are to be divided.

When your family is in a time of need, contact the wrongful death lawyers at The Frickey Law Firm for determined legal representation. We will handle your case in a caring and compassionate manner, at the same time that we wage a vigorous fight for your legal rights.

There Are Strict Requirements for Who Can File a Wrongful Death Claim in Colorado

When your loved one has died due to someone else’s wrongful actions, your family may be eligible to receive significant financial compensation. As difficult as it may seem, a wrongful death lawsuit would quantify the value that your loved one had to your family. Once you are able to prove that someone else was at fault, your family would be entitled to a wrongful death settlement or award. Colorado law dictates who may file a wrongful death lawsuit and how the proceeds of the case are to be divided.

Who may file a wrongful death lawsuit in Colorado depends on whether the accident victim was married at the time of their death. If there is a surviving spouse, they would have the exclusive right to file the wrongful death claim within the first year after the death. The spouse is the one who can determine which people can file the lawsuit. The spouse may make a written election to allow the heirs to either join them in the wrongful death case or to file it themselves. If there is no spouse, the designated beneficiary could file the lawsuit, or the claim could be filed by the heirs if there is no designated beneficiary who has been appointed.

Things change in the second year after the death. The spouse no longer has the exclusive right to file the wrongful death lawsuit. Then, the following people have the right to initiate a wrongful death lawsuit:

  • The spouse of the deceased person
  • The heirs of the deceased person
  • The spouse and the heirs of the deceased person (working together to file the claim)
  • The designated beneficiary of the deceased person if one has been appointed

If the heirs file their own wrongful death lawsuit, the spouse or the designated beneficiary have the right to join that lawsuit within 90 days by filing a motion with the court. Who can file depends on the facts and circumstances of the case.

If the deceased person was a minor or an adult who was not married and did not have children (or a designated beneficiary) at the time of their death, then the mother or father (or both parents together) may file a wrongful death lawsuit. Unless certain special circumstances apply, the parents would divide the proceeds of the case equally.

How Wrongful Death Proceeds Are Divided in Colorado

Colorado law also dictates how the proceeds of a wrongful death case are to be divided. Even if the spouse was the person who filed the wrongful death lawsuit, they would need to divide the proceeds from the case with the children. The same thing goes when the heirs file the claim – it would need to be divided with the spouse. Colorado has complex laws about how the settlement or award is to be divided between the spouse and children. Families often end up at odds with each other due to the amount of money involved in a wrongful death case and the number of people who may have relied on the deceased person for support. Since there is only one wrongful death action allowed, it is vital that the family works together to obtain the best possible legal result.

Contact a Colorado Wrongful Death Law Firm Today

Get the peace of mind that comes with hiring a wrongful by calling the wrongful death lawyers at The Frickey Law Firm today. You can count on us in your time of need. Schedule a free initial consultation with a wrongful death attorney by calling us today at 303-237-7373 or by visiting our website.

Facebook Twitter LinkedIn