Deadlines To Bring A Lawsuit After A Fatal Accident

In an instant, a fatal accident caused by the negligence of another can not only end a life, but also change the lives of everyone involved forever.

During this traumatic time after a loved one has passed away, you want answers. At Doehling Law, we can answer questions about your legal options for holding the negligent parties responsible. Our attorneys represent people throughout the Western Slope and eastern Utah, including the western Colorado cities of Grand Junction and Aspen, in all types of personal injury and wrongful death actions.

Ready To Fight For You

Attorney Gary Doehling and our in-house claims manager spent decades working for insurance companies on the other side of these cases. They know how to accurately determine the value of each case. This experience also allows us to protect our clients from accepting low offers from insurance providers.

We are recognized among the pre-eminent wrongful death litigation attorneys in Grand Junction. We represent clients in Colorado Front Range communities, Aspen and Western Slope communities. Call us toll free at 970-628-3907 to arrange a free case evaluation with one of our lawyers.

If you are thinking of consulting a lawyer, we encourage you to contact us today and schedule a free initial consultation. You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires. We want to advise you of your options and the time you have to file so you are not prevented from pursuing your legal rights later because you missed a deadline.

Handling All Types Of Fatal Accident Cases

A wrongful death lawsuit is different from other types of personal injury claims because the actual victim (the "decedent") is not bringing the claim. Rather, the claim is filed by surviving family members or the decedent's estate.

A wrongful death claim is brought to recover damages for injuries that the surviving family and/or estate has suffered due to the death of the victim. The purpose of a wrongful death suit is to provide relief to family members who have been injured emotionally and financially as a result of the family member's death.

To file a wrongful death suit in Colorado, you must show that:

  • The death was caused by a wrongful act, neglect or default.
  • The act, neglect or default would have entitled the injured person to file an action to recover damages had the death not occurred.
  • There are surviving beneficiaries, children or dependents of the victim.
  • Monetary damages have resulted from the decedent's death.

A surviving spouse has the exclusive right to bring a suit within the first year of the decedent's death. If the spouse does not bring an action or waives the right to bring suit, any surviving children of the decedent may bring an action after the first year.

If there are no surviving children or if the deceased was a minor, then the parents may bring an action for wrongful death. Siblings and other next of kin beyond parents may not file suit for wrongful death nor participate in the recovery of damages.

Schedule A Free Consultation To Get Answers

Call 970-628-3907 or email the firm. The initial consultation is free. If we represent you in a wrongful death lawsuit, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds.