Losing a loved one is devastating, but when that loss is caused by someone else’s negligence or wrongful actions, it can be even more difficult to process. In these situations, Colorado law allows surviving family members to pursue a wrongful death claim. But what exactly qualifies as wrongful death in Colorado?

What Is Considered Wrongful Death in Colorado?

In Colorado, wrongful death is defined as a death caused by the wrongful act, neglect, or default of another person or entity. This can include intentional actions, such as assault or murder, as well as negligent or reckless behavior, such as a car accident caused by a drunk driver. The key is that the death would not have occurred if the responsible party had exercised reasonable care or refrained from engaging in harmful conduct.

Some common examples of situations that may qualify as wrongful death in Colorado include:

• Car and Truck Accidents: If a driver’s negligence—such as speeding, distracted driving, or driving under the influence—causes a fatal crash, the victim’s family may have grounds for a wrongful death claim.
• Medical Malpractice: When a healthcare provider’s mistake or failure to provide adequate care results in a patient’s death, the family may file a wrongful death lawsuit. Examples include surgical errors, misdiagnosis, or failure to treat a condition in a timely manner.
• Workplace Accidents: In cases where an employer’s negligence or unsafe working conditions lead to a fatal injury, surviving family members may seek compensation through a wrongful death claim in addition to workers’ compensation benefits.
• Defective Products: If a defective product, such as a malfunctioning car part or dangerous medication, leads to a fatal accident or illness, the manufacturer or distributor may be held liable for wrongful death.
• Criminal Acts: Wrongful death claims can also arise from intentional acts, such as homicide, assault, or other criminal behavior. These cases often run parallel to criminal prosecutions, but the burden of proof in a civil wrongful death case is lower than in a criminal trial.

These are just a few examples of what may qualify as wrongful death in Colorado. If you’re unsure whether your loved one’s death meets the criteria, speaking with an experienced attorney can help clarify your options.

Who Can File a Wrongful Death Claim in Colorado?

Colorado law has specific rules regarding who is eligible to file a wrongful death claim. The right to file depends on the relationship between the deceased and the surviving family members, and it is divided into distinct time periods following the death:

• First Year After Death: During the first year following the death, only the deceased’s spouse has the right to file a wrongful death claim. If there is no surviving spouse, the deceased’s children may bring the claim.
• Second Year After Death: In the second year after the death, both the spouse and the children have the right to file a claim. If neither a spouse nor children are present, the deceased’s parents may file the wrongful death lawsuit.
• Representative of the Estate: In some cases, the personal representative of the deceased’s estate may file a wrongful death claim to recover financial losses on behalf of the estate. This is usually limited to claims involving specific types of economic damages, such as lost earnings or medical expenses.

It’s also important to note that Colorado law prohibits multiple parties from filing separate wrongful death claims. All eligible family members must work together to pursue a single claim, making it essential to communicate and cooperate throughout the legal process.

What Damages Can Be Recovered in a Wrongful Death Claim?

The purpose of a wrongful death lawsuit is to compensate the surviving family members for the losses they have suffered as a result of their loved one’s death. In Colorado, families can seek both economic and non-economic damages, depending on the circumstances of the case. These damages may include:

• Medical Expenses: Any medical bills incurred as a result of the injury or illness that led to the death can be recovered in a wrongful death claim.
• Funeral and Burial Costs: The family can seek compensation for reasonable funeral and burial expenses.
• Lost Income and Benefits: Families can recover the value of the deceased’s lost wages, benefits, and future earnings that they would have contributed to the household.
• Loss of Companionship and Support: This includes the loss of emotional support, guidance, and companionship that the deceased would have provided to their family.
• Pain and Suffering: In some cases, families may be able to recover damages for the emotional pain and suffering caused by their loved one’s death.
• Punitive Damages: In cases involving particularly egregious or reckless behavior, the court may award punitive damages to punish the defendant and deter similar conduct in the future.

Each wrongful death case is unique, and the types of damages available will depend on the specific circumstances of the death. Working with an experienced attorney can help ensure that your family receives the full compensation you deserve.

How Long Do You Have to File a Wrongful Death Claim in Colorado?

Colorado has a strict statute of limitations for wrongful death claims, which limits the amount of time you have to file a lawsuit. In most cases, the statute of limitations is two years from the date of death. However, there are some exceptions that may extend or shorten this deadline:

• Criminal Acts: If the wrongful death resulted from a criminal act, such as murder or manslaughter, the statute of limitations may be extended.
• Discovery Rule: In rare cases, the statute of limitations may not begin until the cause of death is discovered. This can apply in situations where the cause of death was not immediately apparent, such as deaths resulting from exposure to hazardous substances.

Missing the statute of limitations deadline means losing the right to pursue compensation through a wrongful death lawsuit. It’s essential to consult with an attorney as soon as possible to ensure that your claim is filed within the required timeframe.

Contact Shakeshaft Law Firm for Help with Wrongful Death Claims in Colorado Springs

At Shakeshaft Law Firm, we understand how overwhelming it can be to deal with the loss of a loved one, especially when their death was preventable. Our compassionate and experienced team is here to help you through every step of the legal process. If you believe your loved one’s death was caused by someone else’s negligence or misconduct, contact us today to schedule a consultation. We will review your case, explain your legal options, and fight to hold the responsible party accountable for their actions.