The parents of a newborn who died shortly after birth have filed a lawsuit in Colorado state court, alleging that their legal representatives committed malpractice by failing to meet statutory deadlines for filing a wrongful death action on behalf of their son. This case underscores the critical importance of adhering to procedural timelines in wrongful death claims, particularly in Colorado, where the statute of limitations for such cases is two years from the date of death. ([forbes.com](https://www.forbes.com/advisor/legal/personal-injury/best-wrongful-death-lawyers-denver-co/?utm_source=openai))
In Colorado, wrongful death lawsuits are subject to specific statutes that dictate who may file a claim and within what timeframe. Typically, the deceased’s spouse has the exclusive right to file a lawsuit in the first year following the death. In the second year, the right extends to the deceased’s heirs or designated beneficiaries. ([forbes.com](https://www.forbes.com/advisor/legal/personal-injury/best-wrongful-death-lawyers-denver-co/?utm_source=openai))
Legal malpractice claims in Colorado require plaintiffs to demonstrate that their attorney’s conduct fell below the standard of care expected in the legal profession and that this negligence directly resulted in harm. In this instance, the parents must prove that the law firm’s failure to file the wrongful death claim within the statutory period deprived them of the opportunity to seek justice for their son’s death. ([cle.cobar.org](https://cle.cobar.org/cvweb/documents/materials/ET030724_m.pdf?utm_source=openai))
Colorado law also imposes caps on damages recoverable in wrongful death cases. As of January 1, 2024, the cap for non-economic damages, which include pain and suffering, is set at $679,990. However, legislation effective January 1, 2025, will increase this cap to $2,125,000. ([forbes.com](https://www.forbes.com/advisor/legal/personal-injury/best-wrongful-death-lawyers-denver-co/?utm_source=openai))
This lawsuit highlights the necessity for legal practitioners to meticulously adhere to procedural deadlines to safeguard their clients’ rights. It also serves as a reminder to clients to remain vigilant about the timelines associated with their legal claims to ensure they receive the justice they seek.