Wrongful death claims in Colorado are governed by statute. Colorado Revised Statute Section 13-21-202 allows certain persons to bring a civil lawsuit to recover damages sustained due to the death of another. The statute creates a right of recovery that is separate and distinct from the cause of action that the person who was killed would have had if they had survived. The damages to be recovered are the losses suffered by persons such as a spouse or other heirs. There can be only one civil action for the wrongful death of any one person and all persons who can claim damages arising from the death can only recover their damages within the context of that one lawsuit. It is important to contact an experienced wrongful death lawyer to discuss how a wrongful death claim works.
Both individuals, companies, and other organizations can be held liable for the wrongful death of a person if the loss of life resulted from negligence or other wrongdoing. Achieving a successful wrongful death claim requires sufficient evidence to establish liability and damages, which can sometimes be difficult even in cases where a wrongful death may seem obvious based on the facts of what happened. Here’s what you need to know:
There are, generally, four elements of a wrongful death lawsuit that will need to be established. The stronger the evidence on these elements, of course, the better chance of winning the case and obtaining compensation.
First, there needs to be evidence of negligence or other wrongdoing of another person. Negligence, defined as the lack of reasonable care for the circumstances, is the basis of most wrongful death suits. For example, in an automobile crash, the negligence of another driver can form the basis of a wrongful death claim. Likewise, the actions of a manufacturer in creating an unreasonably dangerous product can form the basis for a wrongful death action.
Second, evidence needs to show that the other person’s negligence or other wrongful act caused the death. This may be simple to prove when the death is immediate and obvious from the injuries sustained, for example someone who dies at the scene of a car accident from the trauma of the crash. Sometimes, however, the death may not occur for a period of time after an initial injury and there may be circumstances where the death is not the result of injuries previously sustained. Generally, in all cases, there must be proof that the death was caused by the negligence or wrongdoing of another.
These elements will establish that a person or organization was responsible for the loss of life.
Third, to bring a claim, there must be people who are eligible to seek compensation. The Colorado wrongful death statutes identify the persons who may be eligible to bring a wrongful death claim and receive compensation, and they include a surviving spouse and heirs of the deceased. It is important to contact an experienced wrongful death attorney to identify the scope of people who may be part of a wrongful death claim.
Fourth, there also must be evidence of the damages sustained by the surviving spouse and/or heirs that resulted from the wrongful death. This could include wages, salary, commission, and bonuses the deceased would have earned if they lived, along with benefits and funeral and burial expenses. Other losses, including non-economic losses, can potentially be recovered. The wrongful death statutes allow the jury to “give such damages as they may deem fair and just”, however, there are certain damage caps (and possible exceptions) applicable to wrongful death claims that should be considered and discussed with an experienced wrongful death lawyer. There are, as with all claims, certain timeframes that must be following in bringing a wrongful death claim. Failing to file a wrongful death claim in time could forever bar the claim, so it is imperative that you talk to a wrongful death lawyer as soon as possible after the death of a loved one to help you understand your rights.
If your loved one has passed away because of the negligence or other wrongful act of another person, Whalen Injury Lawyers can help you understand your rights. Schedule a consultation with our experienced attorneys today!
Losing a loved one is a devastating experience, made worse when it's due to someone else's negligence. The emotional and financial impacts can be long-lasting. However, in Colorado, families have legal rights and can pursue compensation through a wrongful death claim.
To file a successful claim, it's crucial to know who can bring a claim and what damages are recoverable. This blog offers a comprehensive guide on who can file a wrongful death claim in Colorado and what damages can be recovered.
A wrongful death claim is a legal action taken by the surviving family members of an individual who has died because of someone else's negligence or intentional act. Colorado's Wrongful Death Act allows close family members to seek compensation for their losses resulting from the unnecessary death.
The Colorado law for damages in wrongful death cases is “The Wrongful Death Act, 13-21-201 et. seq1”. This type of lawsuit is not designed to compensate the deceased person for damages, but rather to compensate the decedent's close family members for their damages.
Under Colorado law, there are specific rules that determine who is eligible to file a wrongful death claim, depending on how long it has been since the decedent's passing. If it's within one year, the surviving spouse has primary power to bring suit. The spouse can also allow the heirs or beneficiary to join the lawsuit within that first year.
If it's within the second year, the deceased person's spouse, heirs (children), or designated beneficiary can file the claim. Parents of the deceased person can only file a claim if there is no spouse, heirs, or designated beneficiary.
After a loved one has passed, unfortunately, it's necessary to act quickly, as there is a specific time limit for filing these claims in Colorado. To ensure your rights are protected, be sure to contact a wrongful death lawyer as soon as possible.
According to the state's statute of limitations, most wrongful death lawsuits must be filed within two years of the person's death. This period is extended to four years if the death was caused by a hit-and-run vehicular homicide. (Colo. Rev. Stat. § 13-80-102 (2021).)
In a Colorado wrongful death case, economic and non-economic damages can be recovered. Economic damages compensate survivors for financial losses, such as wages and benefits lost from death and funeral expenses. On the other hand, noneconomic damages compensate for intangible losses suffered by the family, such as pain and suffering, emotional distress, loss of companionship, and grief.
Colorado law currently limits noneconomic damages in most wrongful death suits to $571,870, an amount that is adjusted every two years. However, if the wrongful death claim is based on a "felonious killing," the limitation on noneconomic damages does not apply. (Colo. Rev. Stat. § 13-21-203 (2021).)
The cumulation of expenses that can be paid out can be calculated from:
Losing a loved one is an incredibly challenging and emotional time, and pursuing a wrongful death claim may be the last thing on your mind. However, it's essential to know your rights and options in such situations.
If you live in Colorado and need to file a wrongful death claim, Whalen Injury Lawyers can help. Our experienced lawyers can guide you through the process and help you recover the compensation you deserve.
The term “wrongful death” refers to a type of civil lawsuit that can be filed against someone who has wrongfully caused another party’s death, such as through negligent conduct. In Colorado, the Colorado Wrongful Death Act authorizes only certain family members to bring such a lawsuit, and Colorado law outlines who may sue, what damages can be recovered, who can recover those damages, and when must a wrongful death lawsuit must be brought.
Colorado’s wrongful death laws are detailed and complex, and experienced wrongful death lawyers, like those at Whalen Injury Lawyers, can help you understand the laws surrounding wrongful death.
The following is a brief look at the various types of actions that can form the basis of a wrongful death claim:
Negligence
Generally, everyone has a legal duty to exercise reasonable care to avoid injuring others. Should we violate that duty and cause harm, the injured party can file a personal injury lawsuit based on a theory of negligence. Motor vehicle accidents, boating accidents, slips and falls, nursing home neglect, defective products, and dog attacks are all examples of circumstances that can result in someone’s death and thus provide the basis of a wrongful death lawsuit.
Medical Malpractice
Medical malpractice is when a doctor or other medical professional injures a patient by failing to abide by generally accepted professional standards. A medical care provider can violate the “standard of care” in various ways, such as by misdiagnosing a patient, failing to diagnose, prescribing the wrong medication, or committing a surgical error. Should an instance of medical malpractice cause a patient to die, a wrongful death claim against the responsible doctor or hospital may be brought.
Intentional Tort
An intentional tort is a wrongful act that a perpetrator carries out fully intending to harm someone else. An example of an intentional tort is battery, or the infliction of harmful or offensive contact on another person. Many intentional torts are also crimes punishable by jail or prison time, probation, community service, and the like. As with negligence and medical malpractice, an intentional tort that causes someone’s death can form the basis of a wrongful death lawsuit.
Various damages can be recovered in a wrongful death lawsuit, including economic damages (e.g., loss of the deceased person’s income, lost services, funeral expenses, and medical bills, etc.), as well as non-economic losses (e.g., grief, sorrow, loss of consortium, etc.). Other scenarios and issues can affect the nature of the wrongful death damages sought and allowed, so it is important to discuss your specific situation with an experienced wrongful death lawyer.
Losing a loved one because of someone else’s negligent or intentionally harmful conduct is a terrible tragedy. In addition to having to cope with the emotional distress, you may have to deal with lost companionship, medical bills, funeral expenses, and the loss of the deceased’s income-earning abilities. At a time like this, you need honest and objective advice from an experienced wrongful death attorney. The wrongful death attorneys at Whalen Injury Lawyers are available to help you explore your legal options as they relate to initiating a wrongful death lawsuit.
To contact us, either click here or call us at (720) 307-2666
Published on Apr 1, 2020 | Last Modified on Jul 19, 2024
A wrongful death is any death which results from the negligence or wrongful act of a third party. In most personal injury cases wrongful deaths are caused by automobile accidents or defective products. Other situations which can precipitate a wrongful death include commercial trucking accidents with semi-trucks and tractor trailers, gas explosions, inhalation toxicity, construction accidents, incorrect prescription medication fills or refills, nursing home neglect, physical abuse, and substandard medical care. Wrongful acts usually include negligent acts that can border on criminal activity, intentional torts, general negligence, carelessness, or incidents involving a willful disregard for the safety of others. In Colorado, the state prosecutor can bring a separate criminal case against the defendant, separate from the personal injury civil action by the family for monetary damages, if the circumstances resulting in the wrongful death are criminal in nature. Plaintiff attorneys can seek punitive damages in the civil case for monetary damages based on that conduct.
A wrongful death lawsuit is a claim filed in civil court by the relatives or loved ones affected by the deceased person’s death. If a person’s death is due to the legal fault of another person or corporate business, the victim’s relatives and loved ones may be entitled to economic compensation from the party or entity responsible for creating the circumstances that led to the death. If you believe there has been a wrongful death of a family member or loved one, you should contact a personal injury attorney to assist you in filing a wrongful death claim.
You should file a wrongful death claim when someone suffers a personal injury that results in death, is intentionally killed, is killed unexpectedly, dies as a result of medical malpractice, or dies from injuries received in a car or commercial trucking accident. Almost any kind of personal injury situation that results in death can precipitate a wrongful death claim – depending on the specific circumstances of what happened and led to the death causing event. Sometimes the facts aren’t always clear and should be investigated by your lawyer to see if there is a reasonable basis to pursue a legal claim.
In Colorado, the individuals who can bring a wrongful death claim within the first year are the spouse or heirs with the spouse’s consent, the heirs of the deceased if there is no spouse, or the designated beneficiary. In the second year after the wrongful death, the spouse of the deceased, heirs (children) of the deceased, or the designated beneficiary can bring a wrongful death claim. If the person who died has no spouse or children, then the parents of the deceased can file a claim for wrongful death within two years. There is a two year statute of limitations for filing a wrongful death claim in Colorado.
If you have suffered the wrongful death of a spouse, parent, child, or loved one, you need an experienced wrongful death attorney. At Whalen Injury Lawyers, our personal injury firm specializes in helping those who have suffered personal injury. Our lawyers are accomplished trial attorneys who have successfully represented hundreds of clients in personal injury matters and have obtained over $25,000,000 in settlements, judgements and verdicts. We work closely with you to ensure that you get the support you deserve, and the representation your families rely upon in difficult times.
When you need a compassionate wrongful death attorney with a proven track record of success who will fight for your best interests in the courtroom, contact us today. As mentioned above, the statute of limitations for filing a wrongful death suit in Colorado is two years, which can mean two years from the time of death or two years from when the actual cause of death is discovered. It’s critically important to hire an attorney immediately after the loss of a loved one and have your attorneys promptly investigate what happened and whether there is a reasonable basis to pursue a claim for wrongful death. You can reach us in Denver at (720) 307-2666 or in Colorado Springs at (719) 644-7000 for a free consultation.
Colorado law defines wrongful death as ‘any death which is caused by the default, neglect, or wrongful act of a third party.’ In Colorado, you can bring a wrongful death suit against any person or entity based on fault or negligence that resulted in the death of someone. If the victim is a family member, you have certain rights relative to their wrongful death. An experienced wrongful death attorney can help you learn about and exercise those rights. When you lose a family member due to a wrongful death, the results can be catastrophic and permanent. Not only is their support and companionship lost, but if they were the sole or primary financial provider for the family, the loss of that financial support can be devastating.
At Whalen Injury Lawyers, we have represented many accident victims over the years, including those suffering from the wrongful death of their loved ones, and recovered over $25 million for our clients. If your loved one suffered a wrongful death, you may have a legal right to seek financial compensation for your losses. The team at Whalen Injury Lawyers is well-versed in the pursuit of personal injury claims involving wrongful death, and we stand ready to handle a wrongful death lawsuit on your behalf. Our firm exclusively represents clients against insurance companies and corporations in personal injury matters, including wrongful death.
There may also be personal injuries which were incurred prior to the wrongful death, such as conscious pain and suffering, and medical expenses. An experienced personal injury attorney like those at Whalen Injury Lawyers will understand the intricacies involved in recovering damages for both personal injury and wrongful death.
To successfully bring a wrongful death cause of action, the plaintiff (the person bringing the suit) typically must show:
When you suffer the loss of a loved one due to the negligence of another party, you should not be burdened with the distracting details and responsibilities of pursing a claim against the responsible party or parties involved in this tragic loss but rather free to mourn your family member while your attorneys and the police pursue the parties responsible. Insurance companies have teams of lawyers fighting for their best interests, and you deserve to have a team fighting for yours. Every state has a civil wrongful death statute, or set of statutes. These statutes set forth the correct procedures for bringing wrongful death actions. At Whalen Injury Lawyers, we are very familiar with Colorado’s laws and statutes surrounding wrongful death actions and have the resources to diligently represent your best interests.
If you have lost a loved one due to an accident or injury that was caused by the misconduct or negligence of another individual, company, or entity and you’re searching for a compassionate, experienced wrongful death law firm with a proven track record of success, contact us today for a free, no-obligation consultation to discuss your legal options. If you are due financial compensation for the loss of a loved one due to their wrongful death, our attorneys are ready to provide you with the best legal representation available in pursuing your claim.
