Losing a loved one is extremely devastating and traumatizing, especially if the death is caused by the negligence or wrongdoing of another party. Although no amount of money can compensate for the sudden loss, a wrongful death claim can help the surviving family gradually move forward and recover the damages for their suffering.

What is wrongful death in Colorado?

A wrongful death in Colorado is defined as a death due to a wrongful act, neglect, or default of another person or entity. It can be either intentional or accidental. A wrongful death claim can result from different circumstances, including vehicular accidents, medical malpractice, slips and falls, defective products, workplace accidents, or criminal acts.

A wrongful death claim is a civil lawsuit. Its fundamental aim is to seek financial compensation for the losses of the surviving family and not to criminally punish the at-fault party.

A wrongful death case is different from a survival case. A survival action is a claim filed for damages the victim suffered before their death. It happens when the individual survives for a certain period of time before passing and is in pain during that period of time.

Colorado has its own statutes that govern the people who may file a wrongful death lawsuit, the appropriate time limitations for filing, and the caps on the damages that can be recovered following the tragic loss of the victim. The Colorado Revised Statutes §§ 13-21-201 through 13-21-204, also known as the Colorado Wrongful Death Act, provide the main legal framework for wrongful death claims.

An experienced wrongful death lawyer will explain the complexities of the legal action and provide a comprehensive analysis of the case to secure just compensation for the surviving family. 

What are the legal elements of wrongful death lawsuits?

The legal elements of a Colorado wrongful death case are similar to those of a personal injury case. However, the main difference is that the victim succumbed to their injuries. The elements that must be proven are:

• Duty of care: The claim must prove that the negligent party owed a duty of care to the deceased person.
• Breach of duty: The claim must prove that the at-fault individual breached that duty through their actions or inactions. 
• Causation: The claim must prove that the breach of duty caused the death of the victim.
• Damages: The claim must prove that the surviving family incurred damages as a result of the death.
• Standing: The claim must show that the person filing the lawsuit has a legal right under Colorado law.
• Timeliness: The claim must be filed within the statute of limitations.
• Wrongful Act: The claim must prove that the death is due to the wrongful act, neglect, or default of another party. 

What damages can be recovered for wrongful death?

In a wrongful death case, the damages that the surviving family can obtain are generally grouped into two categories: economic and noneconomic damages. 

Economic damages cover compensation for the financial losses associated with the death. The economic damages in wrongful death claims are not limited by any caps. Their values are based on the calculable expenses incurred, such as:

• Lost income and other wages that the deceased victim could have earned if they had lived
• Benefits lost, such as life insurance and retirement plans
• Hospital and medical bills from medical care and services that the deceased victim received before their death, like emergency treatment 
• Funeral and burial expenses

Meanwhile, noneconomic damages are compensation for the intangible losses that the surviving family suffered following the passing of their loved one. Examples of these damages that do not have a specific monetary value are:

• Pain and suffering
• Emotional distress
• Grief and sorrow
• Loss of companionship
• Loss of consortium

Colorado has placed caps on the amount of noneconomic damages that can be awarded in a wrongful death case. The limit for noneconomic damages is $571,870, which is adjusted every two years. 

If the wrongful death case is a result of a felonious killing, then there are no caps on noneconomic damages. Under the state law, a felonious killing is described as the killing of the victim by a person who is convicted of, pleads guilty to, or enters a no-contest plea to 1st-degree murder, 2nd-degree murder, or manslaughter. 

Who can file a wrongful death lawsuit?

Colorado law determines who can pursue and when they can file a wrongful death claim. 

• In the first year after the passing of a victim, a plaintiff can pursue a wrongful death claim only if:
  • The plaintiff is the spouse of the deceased person. The surviving spouse may elect in writing to allow or give consent to the children, or heirs, to file a lawsuit or join with them in filing a claim.

• • The plaintiffs are the children or the designated beneficiary. This is only eligible if the deceased individual does not have a spouse. 

• In the second year following the death of a victim, a plaintiff can file a wrongful death claim only if:
  • The plaintiff is the spouse of the deceased person.
  • The plaintiffs are the children of the victim.
  • The plaintiff is the designated beneficiary of the deceased individual.

• In the second year after the passing of a victim, if the deceased person does not have a spouse, children, or designated beneficiary, then their parents may have the right to pursue a claim.

What is the statute of limitations for wrongful death claims?

Generally, the statute of limitations for wrongful death claims in the state is two years from the date of the death of a victim. However, there can be exceptions to this rule under certain conditions. For instance, the statute of limitations for fatal hit-and-run accidents is extended to four years.

If the surviving family fails to file a wrongful death lawsuit within the legal time period, the right to seek compensation will be permanently lost.

Wrongful death claims are complicated, so it is important to seek the guidance of a legal professional to help you understand your case. We, at Anzalone Law Officers, have a proven track record of obtaining justice and successful results for our dear clients. If you have lost a loved one due to the wrongdoing or negligence of another party, consult with our passionate and skilled wrongful death lawyers to assist you. We will guide you every step of the way and obtain the maximum compensation you deserve.