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Colorado's wrongful death laws have undergone significant changes, effective January 1, 2025, bringing increased compensation opportunities for families who have lost loved ones due to negligence. These changes, encapsulated in House Bill 24-1472, aim to provide more equitable financial relief and broaden eligibility for filing claims.
Expanded Eligibility for Wrongful Death Claims
Previously, Colorado law limited the ability to file a wrongful death claim to spouses, children, and parents of unmarried children. The new legislation expands this list to include siblings and, in certain circumstances, heirs of siblings. This change ensures that more individuals who suffer genuine loss due to a wrongful death have a path to justice.
Increased Damage Caps for Non-Economic Losses
One of the most notable changes is the substantial increase in the cap on non-economic damages, which compensate for pain, suffering, and emotional distress. Effective January 1, 2025, the cap has risen from $250,000 to $1.5 million. This increase acknowledges the profound emotional and psychological impact that wrongful deaths have on families and helps surviving loved ones receive compensation that more accurately reflects their immense loss.
Higher Caps for Wrongful Death Cases
For wrongful death actions, the cap on damages has increased to $2.125 million. This new cap will also be adjusted for inflation every two years, beginning January 1, 2028. This change reflects the state’s recognition of the profound impact a wrongful death can have on surviving family members and the need to provide better compensation for the loss of a loved one.
Medical Malpractice Cases
In cases of medical malpractice leading to wrongful death, the cap on damages is being incrementally increased to $1.575 million over the next five years, with adjustments for inflation every two years starting in 2030. Additionally, the cap on non-economic damages in medical malpractice cases is gradually increasing to $875,000 over five years, with biennial inflation adjustments beginning in 2030.
Impact on Filing Deadlines
A significant change is that the new, higher damage caps apply to all civil actions filed on or after January 1, 2025, regardless of when the underlying incident (date of loss or accident) occurred. This means plaintiffs whose claims accrued before 2025 but are filed on or after January 1, 2025, may benefit from the higher caps, assuming they are within the statute of limitations.
Strategic Considerations for Families
The increased damage caps and expanded eligibility provide families with more opportunities for compensation. However, navigating the legal complexities of wrongful death claims can be challenging. Families should consult with experienced attorneys to understand their rights and ensure they receive the compensation they are entitled to.
Boulder Wrongful Death Attorneys
If you have lost a loved one due to negligence, the recent changes in Colorado's wrongful death laws may impact your ability to seek justice and compensation. Contact Tenge Law Firm LLC today at (303) 219-7377 to schedule a consultation with our experienced attorneys. We're here to help you navigate these changes and advocate for your rights during this challenging time.
