Colorado Wrongful Death Claim: Attorney Discusses the Statute of Limitations
If you have lost a loved one due to the actions or negligence of another party in Colorado, it is imperative to consult a wrongful death attorney and file your wrongful death claim as soon as possible. Not only will this prevent undue financial stress related to costs incurred from the death, but it will ensure your case has a chance, as there is a statute of limitations (legal time limit) within which you must file your claim.
The statute of limitations for a wrongful death claim varies and is determined on a state-by-state basis. In Colorado, you must file your claim within 2 years of the resulting death, or you no longer have a case. If a car accident is involved, you have an extra year, giving you a total of 3 years from the date of death to file a wrongful death claim.
Gray Areas in Wrongful Death Statute of Limitations
There are several situations in which the statute of limitations may be unclear or difficult to understand. If any of these situations apply to your case, it is best to consult an experienced wrongful death attorney. They will be able to determine how Colorado’s statute of limitations affects your specific case.
Situations in which the statute of limitations may be complicated or unclear include the following:
- the date of death is uncertain;
- the death did not happen right after the accident; some time had passed or the death was delayed;
- injuries resulted before the death (This may mean that the statute of limitations on personal injury claims applies here, instead of the statute of limitations for wrongful death claims.);
- evidence is discovered years later that determines who is at-fault in the death or that an accident occurred; and
- the death was caused by a faulty product.
If the death is determined to be caused by an accident or mistake of someone else years later, the 2-year period often may begin on the date this new information or evidence is discovered. This is sometimes called a “discovery rule.” Your wrongful death attorney will be able to tell you if the discovery rule applies in your case.
Contact a Colorado Wrongful Death Attorney
If someone you love was killed due to the mistake or negligence of another party, you could have grounds to seek compensation through a wrongful death claim. Call 303-300-5060 to discuss your case with a wrongful death attorney at the Law Office of D.J. Banovitz today.
For more information about wrongful death and personal injury claims, order our eBook: 7 Costly Mistakes that Can Ruin Your Colorado Injury Case.