What are the Statute of Limitations for a Colorado Wrongful Death Lawsuit?
When a loved one dies due to someone else’s negligence, it can be a devastating and confusing time. Alongside the emotional impact, families may need to navigate legal complexities to seek justice and compensation. One crucial aspect of this process is understanding the statute of limitations for a wrongful death lawsuit in Colorado.
What Does Statute of Limitations Mean?
In legal terms, the statute of limitations is a law that sets the maximum period you can wait before starting a lawsuit. If you do not file your claim within this period, you typically lose the right to pursue legal action.
Colorado’s Statute of Limitations for Wrongful Death
In Colorado, the statute of limitations for wrongful death lawsuits is generally two years. This means that you have two years from the date of death to file your lawsuit. The key point to remember is that this two-year period begins on the date of death, not on the date when the injury or negligence occurred.
Why Does the Statute of Limitations Matter?
The statute of limitations is important because it ensures that claims are filed within a reasonable time frame. If claims are made too far out there could be an issue with the preservation of evidence, meaning, that the evidence could be lost or deteriorated to the point of being useless.
In addition, if filed too late there could also be a problem with witness availability as well. Wi
It helps preserve evidence and ensures that witnesses’ memories are still fresh. Witnesses may move away, forget details, or become unavailable. Acting within the time limit helps secure witness testimony while it’s still reliable.
Finally, The statute of limitations provides a balance between the rights of the plaintiff and the need to defend against claims that might be based on outdated or less reliable information.
Accrual Date for Wrongful Death Claims
In Colorado, a wrongful death claim accrues on the date of death. This is an important point for anyone considering legal action. Even if the underlying cause of death was an injury or event that happened months or years before, the clock on the statute of limitations starts ticking from the date of death.
For example, if a person suffered an injury due to a defective product or medical malpractice in 2021 but did not pass away until two years later in 2023, the wrongful death lawsuit must be filed within two years of their death in 2023. The earlier event does not affect this time frame.
Impact of Different Legal Theories
It’s important to note that the statute of limitations for wrongful death claims is distinct from those related to the underlying cause of the injury. Whether the death resulted from medical malpractice, a product defect, or another form of negligence, the two-year limit applies to wrongful death lawsuits.
In other words, even if the malpractice or product defect occurred years before the death, the wrongful death claim must still be filed within two years of the death. The wrongful death statute of limitations overrides the statutes of limitations for the underlying claims.
If you believe you have a wrongful death claim, consult with an experienced attorney as soon as possible. They can help assess your case, ensure that you meet all legal deadlines, and guide you through the process. With a two-year limit starting from the date of death, it is important to act promptly and seek legal guidance to navigate this complex area of law effectively. If you have any questions or need assistance with a wrongful death claim, the team at Hoffman Law Firm PC is here to help. Contact us today to discuss your case and explore your legal options.
Feel free to reach out if you need more detailed advice or have any other questions about your situation.