When a sudden accident claims the life of someone close, life in Lakewood comes to a standstill, financially, emotionally, and in all your daily routines. Filing a wrongful death claim is your chance to seek closure and support during this time of devastation. Every case is unique, and many families turn to Ridder Law for their experienced representation. We can take some of the burden away from you during this difficult time. Call us today to schedule a free consultation with a Lakewood personal injury attorney.
Lakewood families deserve dedication and compassion during such a tragic time. Ridder law offers both, grounded in years of experience.
- With 14 years of experience, we have seen all different types of wrongful death cases; we can help you, even with the most difficult ones.
- We’ve secured over $50 million people navigating injuries and losses of loved ones.
- You can always talk to your attorney when needed; just call, email, text, or set up a meeting in person.
In a time where everything likely feels out of control, our team is here to provide you with the clarity and knowledge you need to take these next steps. Call our Lakewood wrongful death attorneys today at 303-529-9662.
The Ways a Lakewood Wrongful Death Attorney Supports Your Family
When you unexpectedly lose a loved one because someone else was negligent, it calls for experienced legal guidance. As you begin to put life back together, they can help you in the following ways:
- Collect evidence of what happened to your loved one, including police reports, video footage, witness statements, and expert consults.
- Negotiate with insurance companies to try to obtain a settlement for your losses.
- File a lawsuit if a settlement cannot be reached.
Support from an experienced Lakewood attorney allows your family to breathe a little bit while the attorney handles all of the legal issues that come up.
Who Can File a Wrongful Death Claim in Lakewood, Colorado?
In Colorado, state law sets out clear guidelines about which family members can file wrongful death lawsuits and in what order.
First Year After Death – Spouse is in Control
During the first twelve months after death, the surviving spouse has control over whether and how a wrongful death lawsuit proceeds.
The spouse can file the claim on their own, or they can choose to invite the deceased’s children to join in the case.
Alternatively, they can decide not to file but can allow the children (or a named beneficiary) to file instead. If there’s no spouse, surviving children (heirs) or a formally designated beneficiary named by the decedent can initiate a claim.
(a) In the first year after such death:
(I) By the spouse of the deceased;
(II) Upon the written election of the spouse, by the spouse and the heir or heirs of the deceased;
(III) Upon the written election of the spouse, by the heir or heirs of the deceased;
(IV) If there is no spouse, by the heir or heirs of the deceased or the designated beneficiary, if there is one designated pursuant to article 22 of title 15, with the right to bring an action pursuant to this section, and if there is no designated beneficiary, by the heir or heirs of the deceased; or
(V) If, at the time of death, there is no spouse, no heir or heirs, and no designated beneficiary, or, if the deceased was an unmarried minor without descendants or an unmarried adult without descendants, and there is no mother and no father of the deceased, then by the sibling or siblings of the deceased or the heir or heirs of the sibling or siblings of the deceased.
Second Year After Death – Children
A designated beneficiary (if one exists) is also allowed to start the lawsuit. If a child/heir files first during this year, the spouse or beneficiary can still join the claim, as long as it’s within 90 days of the original filing.
(I) In the second year after such death:
(A) By the spouse of the deceased;
(B) By the heir or heirs of the deceased;
(C) By the spouse and the heir or heirs of the deceased;
(D) By the designated beneficiary of the deceased, if there is one designated pursuant to article 22 of title 15, with the right to bring an action pursuant to this section, and the heir or heirs of the deceased; or
(E) By the sibling or siblings of the deceased or the heir or heirs of the sibling or siblings of the deceased, but only if, at the time of death, the deceased had no surviving spouse, no heir or heirs, and no designated beneficiary, or, if the deceased was an unmarried minor without descendants or an unmarried adult without descendants, and had no mother and no father.
(II) However, if the heir or heirs of the deceased commence an action under the provisions of sub-subparagraph (B) of subparagraph (I) of this paragraph (b), the spouse or the designated beneficiary of the deceased, if there is one designated pursuant to article 22 of title 15, C.R.S., with the right to bring an action pursuant to this section, upon motion filed within ninety days after service of written notice of the commencement of the action upon the spouse or designated beneficiary, shall be allowed to join the action as a party plaintiff.
What Happens If There Is No Spouse or Children? – Parents
If the decedent had no spouse or children (and sometimes, no explicit beneficiary), the parents of the deceased have the right to file the wrongful death lawsuit. If both parents are living, they generally file jointly. If they are divorced or separated, dividing compensation may be based on their relationship with their adult child or other circumstances determined by the court.
Contact Our Lakewood Wrongful Death Attorney Today for a Free Consult
Holding negligent parties accountable benefits your family and your future. You deserve compensation and to have your pain and voice heard. Ridder Law can help you every step of the way, from talking to insurance companies to valuing what your case may be worth. We understand that no amount of money could ever make up for your loss, but you shouldn’t have to deal with financial concerns on top of it. Contact our team today to schedule a free consultation at 303-529-9662.
