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 table below outlines the important differences between these types of Colorado legal claims.
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.
| Key difference | Wrongful death claim | Survival action |
|---|---|---|
| Legal basis | Arises when a person dies as a result of another party’s negligence, recklessness, or wrongful conduct. | Arises when the injured person survives for some period of time after the accident before later dying from those injuries. |
| Purpose | Compensates surviving family members for the financial and emotional losses caused by their loved one’s death. | Allows the deceased person’s personal injury claim to survive their death and be pursued by the estate. |
| Who files the claim | In the first year, the surviving spouse has the exclusive right to file. In the second year, surviving children may file. If there is no spouse or children, parents may bring the claim. |
Filed only by the personal representative of the deceased person’s estate. If no representative was named, the court may appoint one. |
| Damages recovered | Focuses on family losses such as lost future income, funeral and burial expenses, emotional distress, and loss of companionship, love, and guidance. | Covers losses suffered by the victim before death, including medical bills, lost wages between injury and death, and property damage. |
| Pain and suffering | May be recoverable as part of the family’s non-economic losses, subject to Colorado law. | Not recoverable in Colorado survival actions. |
| Who benefits | Surviving family members directly receive compensation for their losses. | The estate benefits, and recovered damages are distributed according to the will or Colorado intestacy laws. |
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 InformationÂ
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.