A wrongful death occurs when someone dies under circumstances that would have allowed them to file a personal injury claim had they survived their injuries. Under Colorado’s broad wrongful death law, a legal action may arise if a person’s death was due to negligent, reckless, or intentional misconduct.
An experienced attorney can evaluate your specific case.
Colorado’s Wrongful Death Law
Colorado Revised Statute § 13-21-202 states the following:
When the death of a person is caused by a wrongful act, neglect, or default of another, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who or the corporation which would have been liable, if death had not ensued, shall be liable in an action for damages notwithstanding the death of the party injured.
Under this law, the surviving family may be able to recover compensation and pursue justice against a party who caused their loved one’s death due to their “wrongful act, neglect, or default.” There is a separate law concerning the actions of parties who cause a death while operating a locomotive, car, or other vehicle.
Common Causes of Wrongful Death Cases
While intentional or even criminal behavior can serve as the basis of a wrongful death claim in Colorado, most such cases are brought based on negligence, such as in cases involving:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Medical malpractice
- Defective products
To show someone is responsible for paying wrongful death damages, the claimant must show all of the following are true by the preponderance of the evidence:
- The defendant owed a duty of care to the decedent.
- The defendant breached the duty of care.
- The defendant’s breach caused the decedent’s death.
- The surviving family members suffered damages.
Who Brings a Wrongful Death Case?
In Colorado, only the surviving spouse can bring a wrongful death claim within the first year of the death. However, they can elect to give the right to file to the surviving children or choose to file jointly with them. If there is no surviving spouse, the surviving children or a designated beneficiary can file a wrongful death claim in the second year following the death.
Damages You Can Seek in a Wrongful Death Lawsuit
The eligible beneficiaries may be able to recover compensation for the following damages:
- The loss of financial support and benefits they would have received had the decedent lived
- Funeral and burial expenses
- Pain and suffering, emotional distress, and loss of companionship they experience because of their loved one’s death
In some cases, the family may be able to demand exemplary damages, such as if the defendant acted with fraud, malice, or willful or wanton conduct.
Contact Our Compassionate Wrongful Death Lawyers to Discuss Your Case
If you recently lost a loved one due to someone else’s wrongful actions, the knowledgeable wrongful death lawyers at Dulin McQuinn Young can guide you through the legal process of filing a wrongful death claim. Call us today to learn more.