When a person dies due to another party’s negligence, Colorado law allows two types of civil claims: survival actions and wrongful death claims. While these two types of cases are similar, they involve key differences.

The chart below outlines the important differences between these types of Colorado legal claims.

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Colorado Wrongful Death Claims vs. Survival Action

Colorado law allows two different civil claims after a death caused by negligence. Although they arise from the same incident, wrongful death claims and survival actions serve different purposes and compensate for different losses.

Wrongful Death vs. Survival Action

Understanding the Key Differences in Colorado Law

WRONGFUL DEATH CLAIM

Primary Purpose

Compensates **surviving family members** for the financial and emotional losses caused by the death.

Who Files in Colorado?

Year 1: Exclusive right for the surviving spouse.
Year 2: Spouse or surviving children.
If no spouse/children, the parents may file.

Damages Recovered

Lost future income, funeral/burial expenses, emotional distress, and loss of companionship.

Beneficiaries: Family members directly receive the compensation.

SURVIVAL ACTION

Primary Purpose

Allows the deceased person’s **own personal injury claim** to “survive” and be pursued by their estate.

Who Files?

Only the **personal representative** of the deceased person’s estate. If none exists, the court must appoint one.

Damages Recovered

Medical bills, lost wages between injury and death, and property damage.

Note: Pain and suffering is not recoverable here in CO.

Beneficiaries: The Estate (distributed via will or intestacy laws).

💡 Note: Some situations allow for both claims. An attorney can determine which applies to your case.

Free Wrongful Death Case Review

Some situations allow both a wrongful death claim and a survival action. An attorney from Dulin McQuinn Young can determine which claims apply based on the facts of the case.

Contact an Experienced Wrongful Death Attorney in Colorado for More Information

Some situations provide a legal basis for both a wrongful death and a survival claim. The best way to understand which type of case or cases you can file is to contact an experienced wrongful death and survival lawyer.

Dulin McQuinn Young is ready to discuss your situation during a free consultation.

Wrongful Death vs. Survival Action Claims

Colorado Wrongful Death Claims vs. Survival Action

Wrongful Death vs. Survival Action

WRONGFUL DEATH CLAIM

SURVIVAL ACTION

Contact an Experienced Wrongful Death Attorney in Colorado for More Information

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