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When someone dies due to the fault of another person or entity, surviving family members may be able to bring a wrongful death claim in Colorado. In a wrongful death claim, survivors can seek compensation for lost wages of the deceased, lost companionship, and funeral expenses.
A wrongful death claim can arise after situations in which a victim who would otherwise have a valid personal injury claim is killed as a result of the tortfeasor’s wrongful action. This can occur in a variety of situations, including:
Colorado’s Wrongful Death Act permits specifically designated parties the right to recover damages for a decedent’s wrongful death.
During the first year following a victim’s death, the decedent’s surviving spouse is permitted to bring a wrongful death claim. In lieu of independently filing a claim, the surviving spouse may elect in writing to allow the decedent’s children to file the claim or join. In the absence of a surviving spouse, a wrongful death claim may be brought by the heirs or designated beneficiary of the decedent.
During the second year following a victim’s death, any of the following people may bring a wrongful death case:
Colorado damages are typically divided into two categories – economic and non-economic.
Economic damages include:
Non-economic damages include:
While there is not a cap on economic damages in wrongful death claims, the maximum non-economic damages in a Colorado wrongful death case is $571,870.00. If, however, the claim is based on a “felonious killing” (first- or second-degree manslaughter or murder), the cap on non-economic damages does not apply.
The time in which you must file a lawsuit is known as the statute of limitations. The statute of limitations typically begins on the date of the occurrence subject of the lawsuit. In Colorado, most wrongful death lawsuits must be filed within two years after the decedent’s death. However, if the person died as the result of a hit-and-run vehicle homicide, the statute of limitations is four years.
If you are considering filing a wrongful death claim in Colorado, it is a good idea to consult with a qualified and knowledgeable personal injury attorney. Wrongful death cases can be complicated, and the attorneys at Bowman Law can explain how the law might apply to your specific situation. Call Bowman Law today at 720.863.6904 or email us for your free consultation.