The death of a loved one due to the fault of someone else is difficult to face. While you are trying to grieve, many legal challenges and concerns may come up. If you are looking for representation, Dan Caplis Law is here to help guide you throughout the legal process. Our team of Greeley personal injury lawyers with over 40 years of experience will make sure that you get the compensation you deserve. We are available to answer your questions 24/7. Don’t hesitate to reach out today. Call us at (970) 785-5000 for your free, no-risk consultation so we can help you get the justice you deserve.
Why Choose Dan Caplis Law to Represent You
With various firms available, you may feel confused as to what makes an effective Greeley wrongful death lawyer. Dan Caplis Law should be your choice for the following reasons:
- We have hundreds of client success stories who have been satisfied with their results.
- The results speak for themselves – we have recovered millions for our clients over the past 40 years.
- We understand wrongful death claims and what evidence is required to successfully prove your claim.
- Opponents will know when they see our firm that you represent business. We are well-respected in the Greeley community.
- Contact our Greeley wrongful death attorneys anytime. We are available 24/7 to answer your questions.
- You only pay if we win.
Who Can File a Greeley Wrongful Death Claim?
There are specific laws that outline who can bring a wrongful death claim. The right to file a wrongful death is governed by C.R.S. § 13-21-201:
“(1) When any person dies from any injury resulting from or occasioned by the negligence, unskillfulness, or criminal intent of any officer, agent, servant, or employee while running, conducting, or managing any locomotive, car, or train of cars, or of any driver of any coach or other conveyance operated for the purpose of carrying either freight or passengers for hire while in charge of the same as a driver, and when any passenger dies from an injury resulting from or occasioned by any defect or insufficiency in any railroad or any part thereof, or in any locomotive or car, or other conveyance operated for the purpose of carrying either freight or passengers for hire, the corporation or individuals in whose employ any such officer, agent, servant, employee, master, pilot, engineer, or driver is at the time such injury is committed, or who owns any such railroad, locomotive, car, or other conveyance operated for the purpose of carrying either freight or passengers for hire at the time any such injury is received, and resulting from or occasioned by the defect or insufficiency above described shall forfeit and pay for every person and passenger so injured the sum of not exceeding ten thousand dollars and not less than three thousand dollars, which may be sued for and recovered:(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; or(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, C.R.S., 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;(b)(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; or(D) By 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, and the heir or heirs of the deceased.”
What this outlines is that in the first year following the death of the victim, the surviving spouse has the exclusive right to file a wrongful death. If the surviving spouse provides written consent, then the heirs (i.e., children) can join the lawsuit. Otherwise, the surviving spouse and heirs can jointly file a wrongful death claim in the 2nd year. If there are no surviving spouse or heirs, then the victim’s parents may file a claim.
If you have lost a loved one from a motor vehicle accident in Greeley, contact Dan Caplis Law to discuss your legal options today.
Statute of Limitations in a Greeley Wrongful Death Claim
The statute of limitations provides the deadline for which a victim must bring a claim to court by. For Greeley wrongful death claims, this is outlined in C.R.S. § 13-80-102:
“(1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, must be commenced within two years after the cause of action accrues, and not thereafter: … (d) All actions for wrongful death, except as described in subsection (2) of this section;”
This law states that a wrongful death lawsuit must be filed within two years from the death of the victim. The right will be lost, except there are some exceptions that may apply. Some examples include the discovery rule (if the death was not discovered right away), hit-and-run accidents (where the time period is paused until the responsible party is identified), or fraud/concealment (if the individual tried to conceal their involvement in the death). At Dan Caplis Law, we’ll advise you right of these issues so you can make sure that you file your claim within the applicable deadline.
Contact Our Greeley Wrongful Death Lawyers Today
If you have lost a victim due to the negligence of another party, the pain you feel must be insufferable. Allow Dan Caplis Law to assist you during this difficult time. We can handle all your legal concerns so that you can focus on grieving. With over 40 years of successfully assisting clients, we will fight to get you the compensation you deserve. Our team will walk you through the entire legal process. Don’t hesitate to reach out today. Contact our wrongful death lawyers in Greeley to learn how we can assist you.