Is a Child Able to Bring a Wrongful Death Suit in Colorado?

Is a Child Able to Bring a Wrongful Death Suit in Colorado?

Is a Child Able to Bring a Wrongful Death Suit in Colorado?

If you’re a child who wants to file a wrongful death claim or you know that a child has the closest rights to file this kind of claim, you may wonder what this case will entail. Can a child file for compensation in a wrongful death suit in Colorado? Who else might have the right to file a claim?

You don’t need to be independent during legal matters, as the Colorado wrongful death lawyers from Mintz Law Firm can bring valuable assistance at this challenging time. Our team of attorneys can manage several aspects of your case, including outlining the legal rights and helping you every step of the way. We invite you to reach out to our team if you want to address any concerns or request assistance.

Can a Child File a Wrongful Death Suit in Colorado?

A minor child can file for wrongful death in Colorado. This may seem surprising, but minors have the legal right to take legal action and file a claim. They may require additional support from legal representatives and older family members, especially if they are younger and still require significant support and are a dependent individual. If you need help filing a wrongful death claim, we recommend working with a lawyer and asking for help.

In Colorado, only certain people are likely able to file a wrongful death suit after losing a loved one. This can make it difficult to determine whether you have the right to take legal action, especially if several eligible individuals are alive and able to file claims for compensation relating to wrongful death. Often, immediate family members—including biological or adopted children—can file a claim for wrongful death, meaning minors are also eligible and capable of collecting compensation.

You may qualify for greater compensation if the lost parent is a primary breadwinner for the family, as you can qualify for recovery based on lost wages or earning potential. However, children who are younger and more financially dependent on their parents are more likely to qualify for greater compensation than those who are older. 

Do Children Need a Lawyer for a Colorado Wrongful Death Suit?

Most likely, a child will benefit from working with a lawyer during a wrongful death suit. However, anyone who wants to file a wrongful death claim will also likely benefit from working with a lawyer during this difficult time. Retaining assistance from an attorney can mitigate several risks associated with self-representation during the legal process, including any that might come from a child navigating the court system.

We recommend you avoid representing yourself and working closely with a lawyer during this difficult time, especially if you are still dependent on other adults. Your attorney can help you decide whether or not other adults should be involved in your case. We also suggest you retain an attorney as soon as possible to improve your odds of legal success.

Who Else Can File for Wrongful Death Compensation in Colorado?

Other individuals may also qualify to file for wrongful death compensation in Colorado. This can include parents and siblings. In some cases, other members may be eligible to file for wrongful death compensation.

Further, the executor of a will or trust—if one exists for the lost loved one—may have legal rights over all others, including children and immediate family. This is because the individual has elected the executor to take charge of all financial and legal matters that concern them after death, or they can no longer make decisions. 

The elected executor may only have partial control over certain areas. Be sure to double-check whether a will or trust exists for the person in question and to also clarify what portions of the estate are under the executor’s control.

Recover and Hold Liable Parties Accountable for Wrongful Death-Related Losses By Calling Mintz Law Firm Today

If you want to file a wrongful death lawsuit in Colorado, whether you are a child or not, you can receive assistance from Mintz Law Firm. Our wrongful death lawyers have extensive experience handling complex legal scenarios and aiding survivors through challenges.
We invite you to contact our team at your earliest convenience if you need assistance. When we partner together, we would be happy to answer your questions, gain a stronger understanding of your case, and provide you with valuable materials and information that may be helpful. You can get in touch with us when you call (303) 462-2999 or complete our contact form.

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