Taking legal action is probably the last thing on your mind after losing a loved one in a tragic accident. But, it’s important to understand your rights so you know what options you have to recover compensation for your loss. There are two different types of claims that can be filed after someone is killed by the negligent acts of another person. Here’s what you need to know about wrongful death vs. survival claims in Colorado:
Wrongful Death Claims
Certain surviving family members can file a wrongful death claim in order to recover compensation for the losses they have suffered as a result of their loved one’s death. Family members can be compensated for funeral expenses, loss of companionship, pain and suffering, and loss of income if they were financially dependent on the victim.
The victim’s spouse is the only one who can file a wrongful death claim in the first year after the victim’s death. After the first year, both the spouse and the victim’s children are legally permitted to file a claim. In the event that the victim did not have surviving children or a spouse, the victim’s parents can file the claim.
Survival Action Claims
A survival action claim may also be filed after a victim’s death. However, the only person that is legally permitted to file a survival action claim is the representative of the victim’s estate. If the victim did not appoint a representative prior to his or her death, the court will have to name one.
The goal of a survival action claim is to recover compensation for expenses that the victim incurred and losses that the victim suffered from the time he or she was injured until the time he or she died. For instance, let’s say a woman was seriously injured in a car accident and transported to a hospital where she passed away two days later. The victim’s estate may be able to recover compensation for the medical expenses incurred and losses suffered during this two-day period between the time of the accident and the time of the victim’s death.
Any compensation that is awarded will go to the victim’s estate, so family members will not be directly compensated through a survival action claim.
Have you lost a loved one? If so, get in touch with the wrongful death attorneys at Reisch Law Firm today. Our compassionate attorneys will guide you through the process of filing a wrongful death and survival action claim. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.
