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If you’ve lost a loved one in an accident or due to a wrongful act, seeking justice through a Colorado wrongful death lawsuit can be complicated. Only specific individuals are allowed to file these actions, you have a small window to act, and proving who is liable for your family member’s death can be challenging. If you are pursuing a wrongful death claim, it is recommended that you hire an attorney with specific experience handling these types of cases in Colorado.
The Colorado wrongful death lawyers at the Wilhite Law Firm have more than 40 years of experience helping grieving families seek answers and justice. Call us or reach out to us online now for a free consultation to discuss your rights and legal options.
What Is Considered a Wrongful Death in Colorado?
Under Colorado law, wrongful death is defined as any death by another person or entity’s negligence, recklessness, or intentional actions. A wrongful death action will be handled in a civil court, not a criminal court. A wrongful death lawsuit cannot send someone to prison for their actions. Instead, these lawsuits aim to compensate the deceased’s family members for their suffering, as well as their financial costs related to the loss of an immediate family member.
An all-too-familiar example of wrongful death is when someone dies in a car accident caused by a negligent driver. If the driver who caused the accident was speeding, impaired by drugs or alcohol, distracted, ran a red light, or failed to follow the rules of the road in some other way, that driver would likely be found negligent. In this example, the deceased’s family might have grounds for a wrongful death claim.
Who May Bring a Wrongful Death Lawsuit in Colorado?
Colorado’s wrongful death statute gives the deceased’s surviving spouse priority to file a lawsuit. For the first year after the deceased’s death, they are the only party who can file a wrongful death lawsuit. Once one year has passed, any of the deceased’s surviving children can file a wrongful death lawsuit. If the deceased has no surviving spouse or children, their parents can file a wrongful death claim. Finally, the deceased’s designated beneficiary may bring a wrongful death suit if the deceased has no surviving spouse, children, or parents.
These are the only parties eligible to file a wrongful death claim under Colorado law. Extended family members and friends are unable to file this type of claim. If the deceased did not die immediately from their injuries, the representative of their estate might be able to file a survival action on behalf of the deceased’s estate.
What Must be Proven to Win a Wrongful Death Lawsuit?
Colorado law states that to win a wrongful death lawsuit, the party who filed the lawsuit (known as the plaintiff) must show that the defendant caused the death of their family member through negligence, recklessness, or an intentional act.
Most Colorado wrongful death lawsuits are based on negligence, which means you must show that the defendant had a legal obligation to avoid harming the deceased. You must also show that the defendant failed in their duty because they did not take reasonable precautions to prevent the accident from happening. Finally, you must show that this failure resulted in your loved one’s death.
A fatal car accident could provide a straightforward example of proving negligence. If a speeding driver kills another driver in an accident, the speeding driver could be considered negligent. Drivers must follow posted speed limits. The speeding driver violated the law and was operating their vehicle irresponsibly. The deceased driver’s family would likely have a strong case for a wrongful death claim if they can show that the driver violated the law by speeding and subsequently caused the accident and fatal harm to the deceased.
What Compensation Can a Family Recover in a Wrongful Death Claim?
Compensation in a wrongful death lawsuit in Colorado can account for both the economic, dollars-and-cents costs associated with the death as well as its more subjective, emotional consequences. The first category of compensation includes the following:
- Medical expenses – These cover the costs of medical care that the deceased needed because of the incident, including emergency treatment and any prolonged medical services before their passing.
- Funeral and burial costs – Compensation for funeral and burial costs allows families to arrange a dignified farewell without added financial worries.
- Lost wages and benefits – This includes the income the deceased would have earned if their life had not been cut short.
- Loss of future earnings – This compensation accounts for what the deceased could have earned had they lived and continued to advance their career, helping secure the financial future they envisioned for their loved ones.
The second category of compensation acknowledges the profound emotional and psychological impact of losing a loved one, such as:
- Pain and suffering – This compensation recognizes the pain and grief your loved one’s death caused you and your other surviving family members.
- Loss of companionship – This compensation is for the loss of love, comfort, and companionship that the deceased would have continued to provide.
- Emotional distress – This term describes the ongoing anxiety, depression, and grief that family members endure because of the trauma of what they’ve suffered.
While the money you might recover through a wrongful death claim cannot bring back your loved one or undo what you’ve suffered, it can go a long way in securing your financial well-being and providing a measure of justice.
How Are Wrongful Death Settlements Calculated?
Calculating wrongful death settlements involves a detailed analysis of the specific case, as there is no one-size-fits-all value. Instead, key factors often include the following:
- Decedent’s age and health – The age and health of the deceased at the time of death are crucial. Younger individuals with longer expected lifespans generally result in higher settlements due to the anticipated years of lost income and contributions to family life.
- Earnings and potential future income – The current earnings of the deceased and the potential future income they could have reasonably expected to earn play a significant role in determining compensation. This includes considerations of career trajectory, promotions, and potential raises that the deceased would likely have achieved.
- Impact on surviving family members – This encompasses the loss of guidance, nurturing, and care the deceased would have provided, as well as the emotional distress and loss of companionship suffered by the family.
- Insurance coverage – The amount of insurance coverage available from the liable parties can also influence settlement amounts. Higher coverage limits may allow for a larger settlement to cover the extensive losses experienced by the family.
- Comparative negligence arguments – Colorado follows a comparative negligence system, in which fault is divided between all parties involved in an accident. An accident victim’s financial recovery is reduced in proportion to their share of fault. A victim who is more than 50 percent to blame for their injuries is barred from recovering money. This dynamic means that at-fault parties and their insurers might argue that the deceased was partially or even primarily to blame for the accident as a way of reducing their financial liability or avoiding it altogether.
Remember, an insurer’s goal is to pay as little as possible for a wrongful death claim. You can protect your interests and assert your rights to compensation with the help of an experienced personal injury attorney.
Does Colorado Have a Cap on Wrongful Death Compensation?
Colorado law caps certain types of compensation in wrongful death cases, specifically those that are non-economic in nature, such as grief, pain and suffering, loss of companionship, and emotional distress. This amount is subject to periodic adjustments based on inflation. Different caps may apply when a death results from medical malpractice.
There is an exception to these caps. In cases where the death resulted from a felonious killing, Colorado law removes the cap on non-economic damages, allowing the court to award an amount that it deems fair and just. This exception acknowledges the severity and intent behind the act, providing a pathway for families to seek fuller compensation for their emotional and intangible losses.
Is There a Statute of Limitations for Wrongful Death Lawsuits?
In most cases, wrongful death lawsuits must be filed within two years of the deceased’s death. However, there are certain circumstances in which the court can extend the period outlined in the statute of limitations. For example, wrongful death cases related to hit-and-run car accidents have a four-year statute of limitations.
Two years sounds like a long time, but that time can go by much faster than you think. More importantly, wrongful death cases take a long time to build, and critical evidence can disappear in the days or weeks after the deceased’s death. It is important to hire a wrongful death lawyer as soon as possible after a fatal accident to make sure that they can secure vital evidence before it is lost or destroyed and to give them the time to build a strong case on your family’s behalf.
Who Will Receive the Compensation in a Wrongful Death Lawsuit?
The compensation in a wrongful death lawsuit goes to the deceased’s surviving spouse and children first. Colorado law requires compensation from a wrongful death lawsuit to be split between the deceased’s surviving spouse and children, if applicable. If the deceased does not have any surviving children or a surviving spouse, then the deceased’s parents will receive any compensation awarded in a wrongful death claim. Lastly, if the deceased has no surviving spouse, children, or parents, then their designated beneficiary will receive any compensation from a wrongful death lawsuit.
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Contact a Colorado Wrongful Death Lawyer
Thinking about legal issues while still grieving a relative’s death is difficult. But many families find a sense of peace in taking action to seek justice on behalf of the deceased.
The Colorado wrongful death lawyers at The Wilhite Law Firm provide compassionate representation for families who’ve lost loved ones in tragic accidents. We understand what you are going through, and we’re here to help. Contact our office today for a free consultation, and let us help you seek justice.
