Wrongful Death FAQ

1. Can I file a wrongful death lawsuit?

Under Colorado State law the survivors of the deceased may seek compensation for lost support or services after the death of their loved one. These survivors include a spouse, child or parent, as well as any other relative or adoptive sibling that was dependent on the deceased for financial or emotional support and other services.

2. How do I know if I have a wrongful death case?

If your loved one has died in an accident caused by another person or company because they were careless, reckless or otherwise negligent, then you have a claim for wrongful death.

3. Who can file a wrongful death claim?

A family member may bring a wrongful death claim on if he or she is the deceased’s spouse, child, heir or heirs, designated beneficiary, or dependent father or mother.

4. How long do I have to file a wrongful death lawsuit?

According to the State of Colorado’s Statute of Limitations, you have two years from the date of the deceased’s death to file a wrongful death lawsuit. If you have questions about filing a wrongful death case, our Colorado wrongful death lawyers at McDivitt Law Firm can help. Call toll free at (877) 846-4878 for a free consultation, or click here for a free initial consultation form.

5. What kind of damages can I collect in a wrongful death lawsuit?

  • Immediate expenses associated with the death (medical & funeral)
  • Loss of victim’s anticipated earnings and support in the future
  • Loss of benefits caused by the victim’s death (pension, medical coverage, etc.)
  • Loss of inheritance caused by the untimely death
  • Suffering or mental anguish to the survivors
  • Loss of care, protection, companionship to the survivors
  • General damages
  • Punitive damages
  • Grief

6. How much will it cost to hire a lawyer?

The initial consultation with McDivitt Law Firm is absolutely free. If we are then able to take your case, it will not cost anything until you get money from the insurance company. At McDivitt law Firm, you will only pay a fee when you collect money after filing a claim. When we collect money for you for your injuries, damages and losses, we will be paid a percentage of the money we collect for you. You will never pay anything out of your “own pocket”.