Wrongful death cases arise when a person is killed as a result of another person's intentional act or negligence. Wrongful death claims are typically initiated by a spouse or close family member. In Colorado, spouses have an exclusive right to bring a wrongful death action within the first year after the death occurs. During the second year after death, the heir and spouse have equal standing to file a wrongful death lawsuit.
Qualified heirs of the deceased person are entitled to a share of the recovered damages even if they are not named plaintiffs in the lawsuit.
Under Colorado law, the jury may award damages for economic losses including funeral expenses and lost wages over the decedent's work life expectancy. Plaintiffs may also recover noneconomic damages including compensation for loss of companionship, grief and sorrow. Economic damages are not capped under Colorado law but noneconomic damages are subject to a maximum cap.
Although medical expenses are not recoverable in a wrongful death action, they are recoverable in a survival action. A survival action is brought by the decedent's estate against the at-fault party to recover the economic damages that occurred between the date of the injury and the date of death.
The Max Law Firm stands ready to assist with compassion, integrity and thoughtful legal representation if your loved one is deceased due to the negligence or intentional act of another.
For a free consultation, please call 720-699-8268.