Damages Available in Wrongful Death Claims

A wrongful death is when a person dies due to the wrongful, negligent, or reckless actions of another individual or entity. If you’ve experienced the wrongful death of a loved one, you may be facing medical bills, funeral expenses, and the loss of the income and financial security they provided your family with. 

If you have lost a loved one to a wrongful death, you may be eligible to file a claim and obtain compensation for the losses you are facing. While money cannot bring your loved one back, it can help ease the stress and strain you are facing. Wrongful death damages can cover things like funeral expenses, medical bills, and more. Contact a Denver wrongful death attorney to learn more about your options. 

Damages Available in Wrongful Death Claims

The Purpose of Wrongful Death Damages

Wrongful death compensation is paid to the family of the deceased due to the negligent actions that led to the death of their loved one. Families are eligible to file for wrongful death claims if, had their loved one survived, they would have had grounds to file a personal injury claim to obtain compensation. Family members are awarded damages that account for the financial losses and emotional suffering they experience due to their loved one’s passing. 

What Damages Can Be Obtained in Wrongful Death Claims in Colorado?

The damages that may be obtained for the wrongful death of an adult in Colorado may include:

  • Medical expenses – this can cover medical bills for the injury the deceased was treated for before death or their final illness.
  • Funeral and burial expenses – this can cover costs for the deceased’s funeral service, burial or cremation, and any other associated expenses.
  • Loss of the deceased person’s income – compensation for the financial support the deceased would have provided, including future earnings and benefits like health insurance and pensions.
  • Pain and suffering the deceased experienced before death – damages awarded for the physical and emotional distress the deceased suffered from the time of injury or illness until their death. Colorado caps these damages at $250,000.
  • Loss of companionship – this addresses the emotional and psychological impact on the deceased’s family members, recognizing the loss of love, affection, and support they would have continued to receive if their loved one had not passed. Colorado caps these damages at $250,000.

Who Is Eligible to File For Wrongful Death Damages?

In Colorado, the deceased’s surviving spouse has the exclusive right to file a wrongful death claim in the first year after their loved one dies. If the deceased does not have a surviving spouse, then the deceased’s children have the option to file. If the deceased also does not have children, then their parents may file. 

After the initial year passes, heirs also have the right to file a separate wrongful death suit or they may choose to join the existing lawsuit filed by the deceased’s surviving spouse.

If you’ve lost a loved one and you believe you may have a wrongful death claim, schedule a free consultation with our experienced wrongful death attorneys.

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