If you have unfortunately lost a loved one because of someone else, you already understand nothing can bring them back. But you might be wondering, “What now?” That question has many answers during a terrible time like this, but if you are considering filing for a wrongful death lawsuit, we are here to help you every step of the way. We empathize with your tragedy and would like to help offer guidance as you navigate your path forward.
Some additional questions may be:
- What is a “wrongful death” claim in Colorado?
- Who can file a “wrongful death” claim in Colorado?
- When can you file a “wrongful death” claim in Colorado?
- How much damage can someone recover from a “wrongful death” claim?
- Are there any other options?
After reading this, we hope you can better understand this painful process
We also have our own specially assembled Victim’s Advocates team, which works directly with the Elite Litigation Group to ensure all your rights are met and you and your family are protected.
A wrongful death claim is a civil claim brought against an individual or corporation to recover damages for a death caused by negligence. Unlike in a criminal charge where the government prosecutes a person charged with a crime, in a civil claim like a wrongful death claim, an individual (called the plaintiff) claims that another person or corporation (the defendant) has failed to act reasonably under the existing circumstances and as a result, someone has died.
Most laws surrounding the civil system in the United States (called tort law) originate directly from English common law. This means that many laws are relatively consistent across all fifty states. However, English common law has a gaping hole. Under English common law, a person’s family would have no civil legal recourse if a victim died because of someone else’s carelessness or recklessness. This is wrong and unfair.
To patch this hole, individual states have constructed their own “wrongful death” laws that dictate who, when, and how a family member can seek legal recourse, such as restitution, for a death. However, this means that states have vastly different laws, which can make things more confusing. Colorado’s law can be found in 13-21-201-203 of the Colorado Revised Statutes. As you might imagine, the language is pretty complicated. Before we explore Colorado’s laws further, it is important to understand how these cases generally work.
Like any personal injury claim, the elements of negligence must be satisfied in order for the claim to be successful. To establish a negligence case, the plaintiff must prove that the defendant owed a duty to the plaintiff, that the defendant breached that duty and that breach of duty was the proximate cause of the plaintiff’s injuries. While establishing negligence is essential for any personal injury claim, it’s important to understand how to specifically apply these elements to a wrongful death lawsuit:
- First, the plaintiff must show that the defendant owed a duty to the deceased for whom the wrongful death claim is being sought. Establishing duty in a wrongful death claim is done by analyzing the relationship between the parties. It’s essential to ask whether the defendant was acting as a medical provider or had a lesser standard of care owed to the deceased.
- Next, there must have been a breach of this duty on behalf of the defendant. In other words, the plaintiff must establish that the defendant acted negligently. This means that they must do something or fail to do something, on accident or purpose, that unreasonably puts somebody at risk. For the sake of a wrongful death claim, this means somebody must have died, and the plaintiff must have been negatively affected by that death financially and/or emotionally.
- Lastly, the plaintiff must be able to establish that the defendant’s breach was the cause of the plaintiff’s damages or injuries. This causation element means that the defendant’s breach of duty must have caused a person’s death and, thus, the plaintiff’s suffering. The negligent action and the death cannot be independent events; they must have a causal relationship with one another.
The three major questions that judges and juries will decide in a wrongful death case are negligence, damages, and causation. Some examples of wrongful death cases include deaths that resulted from:
- Car accidents
- Work accidents/on-the-job accidents
- Trucking crashes
- Motorcycle crashes
- Birth injuries
- Medical malpractice
- Slip and falls
- Bicycle and pedestrian accidents
- Dog bites/animal attacks
- Intentional harm to someone else
- Reckless driving/drunk driving
- Defective products
Of note, wrongful death cases can arise from plenty of different situations and are not limited to the ones listed above. As such, it is essential to provide your wrongful death attorney with all the details of your case so they can properly analyze whether your claim is a sufficient wrongful death case and whether you are eligible for compensation.
Colorado’s law surrounding who can file a wrongful death claim can appear quite complicated because whether and when you can file a claim depends on your relationship with the deceased. However, there are some broad and easy rules to understand.
First, no claim can be filed later than two years past the date of your loved one’s death. Second, only one claim can be filed per deceased person. This means if multiple interested parties (say, a spouse and numerous children) are eligible under the law to bring a wrongful death claim, then one or more qualified parties can bring the formal claim. Under Colorado law, however, it only takes one eligible party to bring the claim. Others with eligibility can choose to formally join the wrongful death claim or not join. Regardless of whether others with eligibility choose to formally join, the person or persons who actually do bring the formal wrongful death claim are required to recover damages for all of those who were eligible to bring a wrongful death claim.
Again, this is because, under Colorado law, there can never be more than one wrongful death claim. As a result, the damages suffered by all eligible family members must be recovered in that one claim. When any money is recovered on the wrongful death claim, Colorado law requires that the funds be split or shared among only the eligible family members with the right to bring or participate in the wrongful death claim.
Colorado law is very particular about how the money is split, but this split will depend upon which family members are eligible to bring the claim, how many eligible family members there are in total, and whether the person who died has a surviving spouse.
For more detailed information regarding which family members can bring a wrongful death claim under Colorado law, please follow the flowchart below.
The information on this chart is no substitute for legal advice. Sometimes, the time periods in which you can file a claim are different depending on who caused the death of your loved one. No matter your relationship with your loved one, it is important to seek legal advice as soon as possible to ensure there are no special circumstances in your case.
Our experienced wrongful death attorneys are here to ensure your claims are handled correctly and as successfully as possible. We understand how difficult it can be to go through a wrongful death claim — not only are you mourning the loss of a loved one, but navigating the legal landscape can be intimidating and confusing. Contact our Elite Litigation Group today to handle the wrongful death claim of your loved one.
This is perhaps the most technical question. Before we begin, it is helpful to remember that a wrongful death claim is a civil claim, so the only damages you will receive are monetary compensation. This claim will not put anybody in jail. That being said, you can seek two types of damages: compensatory and punitive. As the name may suggest, compensatory damages are meant to compensate you for any financial losses or emotional anguish you might suffer. Punitive damages (sometimes called exemplary damages) are intended to punish the person who inflicted that loss. Punitive damages may only be sought in the most egregious cases, like if the person who caused your loved one’s death acted recklessly or intentionally. We will be talking first about compensatory damages.
In a Colorado wrongful death case, you may recover compensatory damages for various reasons as the plaintiff. Some examples are your loved one’s burial expenses, your grief and mental anguish, and your loss of your loved one’s companionship (called loss of consortium). Additionally, you may recover damages equivalent to the financial support your loved one would have provided you. Importantly, this does not mean your loved one’s total expected earnings, just the earnings you would have been provided. For example, if your loved one’s income was paying for your food, house, or insurance, you may be able to recover money to compensate you for those losses.
As discussed above, non-economic or incalculable damages differ from economic or calculable damages. In Colorado, the legislature sets the limit on the amount of money you can receive for non-economic damages such as grief, mental anguish, and loss of consortium as part of the wrongful death statute. It is adjusted for inflation every two years, so if your incident occurred before January 1st, 2020, the cap is $436,070. If it happened after January 1st, 2020, the cap would be $571,870. There is no cap for calculable financial expenses such as burial expenses, lost financial support, and medical expenses.
All the above applies to compensatory damages only. Punitive or exemplary damages may also be sought. These are intended not to compensate you for your losses but to punish the one who inflicted those losses. However, the circumstances under which you can recover are limited. Colorado’s Exemplary Damages Statute is found under 13-21-102 of the Colorado Revised Statutes. It states you can only recover exemplary damages for circumstances of “fraud, malice, or willful and wanton conduct.” You might hear this referred to as a “standard of conduct.” The statute says that if your case entails an intentionally false representation of a matter (fraud), someone who caused harm or death with the desire or intention to do so (malice), or a person who, despite knowing of a risk, acted with a reckless disregard for your loved one’s life (willful and wanton conduct), you can pursue exemplary damages. In these most egregious cases, the legislature has concluded that it is important to deter the perpetrator of the act by imposing these additional damages.
However, the court does not take the infliction of a punishment lightly. So, if you want to pursue exemplary damages, the judge alone must decide if the evidence you present suggests the standard of conduct outlined above is met before a jury can ever consider the matter. The evidence required for this initial determination is called prima facie proof. If you are awarded exemplary damages, they cannot exceed three times the amount of your compensatory damages. Ultimately, the damages you receive depend entirely on your case’s facts.
While we hope this information is helpful for you during an extremely difficult time, it is still essential to seek legal advice on these issues. Our Victim’s Advocates team will be by your side, protecting your rights as you proceed down this painful journey.
If you are not one of the family members with the right to file a wrongful death claim, you may still be able to file a survival action. A survival action differs from a wrongful death claim because it is filed on behalf of the deceased’s estate rather than by an individual. Like a wrongful death case, it requires the same three elements we discussed earlier: negligence, damages, and causation.
However, the only damages that can be recovered are financial damages incurred by the deceased between the time of the accident and death. Examples include medical bills, lost wages, personal property damage, and funeral expenses.
Sadly, there is no recovery available for pain and suffering or loss of consortium in a survival action. Also noteworthy is that the estate, not any individuals, recovers these damages. However, if you are a beneficiary of the estate, you may ultimately receive a portion of these damages.
Ultimately, all the factors of a wrongful death case we have discussed vary widely depending on each case’s unique facts. Sometimes, however, even the facts can be muddled, confusing, overwhelming, and perhaps even hidden from you by the individual or corporation that caused your loved one’s death.
Seeking legal advice can help you clarify the facts of your case, understand your options, and discern the procedure for each option. With all the information you need, we hope you will feel empowered to decide how to proceed, feel confident, and know that we have your back.
We understand how painful this journey can be and will do everything we can to ensure your best available care is met. Our Victim’s Advocates team is here to help you so you don’t have to face this tragedy alone.
We understand how heartbreaking and overwhelming it can be to lose a loved one suddenly. Remember, you are not alone. Several local Denver resources, support groups, and grief counseling organizations can help you and your family through this difficult time. Here are some that you can contact right away.
Local Denver Support Groups:
- UCHealth Grief & Bereavement Groups in Denver
- Denver Hospice Grief Support
- Grief Therapy in Denver
- Grief Support Meetups in Denver
Resources For Grief Guidance And Counseling:
- How To Cope With Grief
- The Truth about Grief and Loss – Guide to the Grieving Process
- Grief: Loss of a Love One
If and when you are ready to share your situation with our wrongful death attorneys, we are prepared to help you seek justice on behalf of your loved one. You can contact our team anytime for a free and confidential consultation.
What Does The Victim’s Advocates Team Do?
Our Victim’s Advocates used to work for a police department and judicial system, so they deeply understand the civil and criminal justice system and empathize with what you are going through.
Their focus is on you, and their goal is to help you find out what really happened by ensuring a full investigation has been opened. This can include but is not limited to:
- Ensuring appropriate charges are filed
- Ensuring your rights are protected
- Being the liaison between your family and the prosecutor’s office
- Hiring the necessary people to gather evidence — they will not rely on law enforcement only
- Ensuring evidence is preserved
- Ensuring you are financially taken care of
Knowing Who To Contact Can Be an Important Step in the Recovery Process
If you or someone in your family has lost a loved one, then you have experienced first-hand how much a person’s life can be changed in the blink of an eye. When something terrible and unexpected like this happens, you and your family are suddenly thrust into a world of chaos and uncertainty that just days or even hours ago seemed unimaginable. As you try to regain some level of control amid all the uncertainty, you might wonder or ask yourself, “What do we do now?” or “What’s next for us?”
Denver wrongful death lawyer Kyle Bachus knows first-hand how difficult it can be to suddenly lose a loved one in an accident. It’s also devastating when you or a family member suffers severe injuries that forever change your life. When the unthinkable happens, what are your next steps? How can you start to rebuild your life in this new normal? If you’ve recently been affected by catastrophic injury or wrongful death, Kyle Bachus provides guidance on navigating this path that no one chooses.
Meet Our Legal Experts
We know what happened to you is unimaginable. Our only goal is to help you and your family on this painful journey and fight for your rights. When you need skilled, experienced, and compassionate representation, the Elite Litigation Group is here for you. With years of experience and multiple office locations serving nationwide, our personal injury attorneys are ready to serve you and fight for the compensation you deserve.
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Sources:
Landers, D. Proving a Wrongful Death Civil Suit.
Landers, D. Who Can File a Wrongful Death Lawsuit?
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