Can Both Divorced Parents Pursue a Colorado Wrongful Death Claim?

Can Both Divorced Parents Pursue a Colorado Wrongful Death Claim?

Can Both Divorced Parents Pursue a Colorado Wrongful Death Claim?

If you want to file a wrongful death claim as a parent, but you and the other parent or guardian are divorced, you may have several questions about your rights. You may know that parents and other immediate family members have the right to file for wrongful death in many cases. Still, there may be some difficulty if multiple eligible and capable parties wish to make a claim. Unfortunately, both divorced parents are not allowed to file separate wrongful death claims in Colorado.

While each parent may not be able to file separate wrongful death claims, there are other options they can utilize to ensure everyone gets as much support as they legally qualify for. The wrongful death attorneys at Mintz Law Firm proudly serve victims and families in many areas around Colorado, and our clients trust us to bring them the positive results they need to move forward and maintain financial stability.

Can Both Divorced Parents File Separately for Wrongful Death in Colorado?

If you and the other parent of your child are divorced and you both want to file for wrongful death compensation, you will not be able to file separately. This means that if you both want to file a claim, the legal system will only be able to go through the complete legal process with one of them.

Because the legal system will only carry one wrongful death claim to completion, you may benefit from working as quickly as possible if you want your case to file successfully. It will likely be very beneficial to work with a wrongful death lawyer for assistance to speed up the legal process, mitigate risks, and reduce stress related to these matters.

Can Divorced Parents File a Colorado Wrongful Death Claim Together?

Because only one wrongful death claim can be successfully filed through the Colorado legal system, it’s essential to highlight that parents can work together. While this may be less than ideal if you are both divorced or separated, you can only file one claim jointly as parents of the child.

Because navigating legal proceedings may be complicated if you are each at high risk for disagreements, it’s best to partner with a lawyer. Your wrongful death attorney can serve as a mediator and ensure that your unit qualifies for as much compensation as possible. A Colorado wrongful death attorney can also help you each receive a fair share of this recovery so you can focus on your emotional well-being and monetary security.

When Can’t Parents File for Wrongful Death?

In some instances, parents may not be able to file for wrongful death in Colorado. If someone else has already filed a claim, for example, another individual claim cannot be filed under any circumstances.

In the first year, if you have an older child who was married and their spouse submits a claim, the parents generally cannot. This is because the spouse is most likely to rely directly on your child in financial and emotional areas, including when children or other dependents are involved.

There are also cases, specifically when there is a will or trust in place that determines what happens to your child after death. In these cases, an executor who will take control of any financial or medical matters may have been named. In some circumstances, the executor may have limited power to exercise over certain areas.

Call Mintz Law Firm’s Colorado Wrongful Death Lawyers for Help Today

If you want to file a wrongful death claim in Colorado, you shouldn’t have to traverse the legal system without guidance. The Colorado wrongful death lawyers from Mintz Law Firm have the experience, knowledge, and confidence necessary to guide you through the wrongful death process during this difficult time.

We invite you to contact our team if you have any questions, want to gain access to helpful resources and information or wish to retain legal counsel for these legal matters. You can reach us by calling (303) 462-2999 or completing our contact form at your earliest convenience.

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