Colorado Wrongful Death Laws
Colorado Revised Statutes § 13-21-201 discusses who can bring a claim of wrongful death, who is liable for paying damages, and the statute of limitations for such cases.
WHO IS ENTITLED TO BRING A CLAIM FOR WRONGFUL DEATH?
The surviving spouse of the deceased, or the parents of the deceased (if he or she was unmarried) have the primary right to bring a claim within the first year following the death. After that, there are other relatives who can bring a wrongful death claim.
HOW LONG DO I HAVE TO BRING A CLAIM FOR WRONGFUL DEATH?
The time limits vary depending on the cause of death. In other words, the statute of limitations for auto accidents would apply if the wrongful death occurred in a car crash. Generally, survivors are allowed to seek both economic and non-economic damages for up to two years following the death. However, the relative with “first priority” must file within a year of the date of death, regardless of the nature and/or cause of the wrongful death.
WHO CAN BE FOUND LIABLE?
In most cases, the individual or company that engaged in negligent behavior leading up to the accident is held responsible for any resulting death. Maybe it was a truck driver. Maybe it was a group or organization overseeing the property where the death occurred. Working with the police and with a lawyer is the most effective way to ensure that you’re targeting the individuals who are truly responsible for the death of your loved one, and that you aren’t missing any important details or deadlines pertaining to your case.
C.R.S. § 13-21-202 – 13-21-204 address several other important things everyone should remember when filing their wrongful death claim. Under Colorado law, if your loved one’s death was such that, if they had not died, they’d be entitled to file a personal injury claim, then the defendant is liable for damages caused by the victim’s death.
If you’ve had a loved one involved in a wrongful death, don’t delay! Contact us today at (303) 219-7377, or online.
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At the Tenge Law Firm LLC, our goal is to achieve the best possible result for our clients as soon as possible. Each case and each client is different, so we work directly with clients to meet their needs for medical care and personal situations. We have enjoyed great success, with exceedingly high client satisfaction, using this approach.
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$3,250,000 Rollover auto accident involving defective roof and serious injuries
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$1,500,000 Tire blowout on I-70 causing serious injuries
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$1,475,000 Auto accident with head, neck and back injuries
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I highly recommend this law firm! They take care of everything in a timely manner & alleviate any harassment while you recover from injuries. Everyone is extremely nice & very efficient...if you need an attorney, Tenge Law is the place to go!
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Brenda was my attorney. She was amazing, helped me through the whole process. Definitely made it a stress-free experience, especially after going through something so traumatic! Was extremely attentive and always kept me updated on how my case was going! I would 1000% recommend them to everyone and anyone!! THANK YOU SO MUCH!
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What Can Cause Wrongful Death?
A wide range of potential injuries can result in a wrongful death. Our law firm see people pass untimely due to:
- Automobile accidents, especially those in which the other driver was speeding.
- Criminal activity.
- A job that exposes an individual to harmful substances or activities; for example, construction accidents.
- Medical malpractice.
Because a wrongful death case is a civil suit, rather than a criminal case, the plaintiff is only required to provide a “preponderance of evidence,” rather than proving “beyond a reasonable doubt” that the actions of the defendant caused the death of the plaintiff’s loved one. In most cases, it’s the plaintiff’s responsibility to prove these things:
- The defendant had an obligation to provide some level of care to the deceased. For instance, in the case of an automobile accident, the defendant had a responsibility to obey traffic laws and drive safely.
- The defendant was negligent in this duty of care. If a business has a wet floor and fails to set up signs, warning of a possible slip-and-fall risk, this would be an example of such negligence.
- The negligence was a direct cause of the victim’s death. For instance, your loved one suffering a fatal injury due to a fall when there were no warning signs nearby, or died in a car accident due to the defendant drinking and driving.
If you’ve had a loved one involved in a wrongful death, don’t delay! Contact us today at (303) 219-7377, or online.
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In the last ten years, we've recovered $75 million on behalf of our clients. Our motto is simple - our clients focus on recovering, while we handle the rest.
What Damages Can You Recover?
There are limitations under Colorado law for what is recoverable in a wrongful death claim. Damages for non-economic losses are capped at approximately $436,000, but there is no cap on economic damages. Damages may be increased if the death was the result of a felony, or if a claim for punitive damages exists.
Often, a wrongful death can lead to maximum payouts from the insurance policies involved in the case, which are meant to cover:
Often, a wrongful death can lead to maximum payouts from the insurance policies involved in the case, which are meant to cover:
- Funeral and burial expenses
- Financial injuries, including expected support and earning potential of the deceased individual
- Medical expenses
- Any interest accrued from the date of the individual’s death
The biggest financial loss from a wrongful death case usually stems from losing the income that the deceased individual provided. This can include potential earnings, insurance, and other payments that they may have been expected to provide. In some cases, the jury may make adjustments to their award based on earning potential, perceived financial hardships, and other important criteria.
Contact our Boulder wrongful death lawyers by calling (303) 219-7377 today!
How Do Those Responsible Try to Avoid Paying?
Insurance companies will pursue a variety of tactics to avoid paying their share of any damages. First and foremost, they may try to offer you a settlement that’s significantly lower than what you really deserve. In other cases, those responsible for the death may also attempt to deflect responsibility. For example, a defendant may try to establish that your loved one was responsible for his or her own death. Defendants may even lie outright about the circumstances surrounding the accident in an attempt to prevent taking responsibility. In these cases, it’s vital to have proper legal representation to help uncover the truth and secure the compensation that you deserve.
If you’ve had a loved one involved in a wrongful death, don’t delay! Contact us today at (303) 219-7377, or online.
Common Emotional and Financial Challenges Families Face
Losing a loved one to wrongful death is an emotionally and financially destabilizing event. The pain of sudden loss, combined with unforeseen financial burdens, can leave families struggling to cope. Some of the most pressing challenges include:
Emotional Trauma
The unexpected death of a loved one often leads to profound emotional distress. Families may experience:
- Grief: The intense sadness and sense of loss can be overwhelming, often taking months or years to process.
- Anxiety: Concerns about the future, such as how to provide for children or manage household responsibilities, can create persistent worry.
- Depression: A sense of helplessness or loss of purpose after losing a loved one may lead to long-term emotional struggles.
- Anger and frustration: Especially in cases involving negligence or wrongful conduct, family members may wrestle with feelings of injustice or unresolved anger.
Financial Strain
The financial impact of a wrongful death can be equally devastating, compounding the emotional toll. Common financial burdens include:
- Medical expenses: Costs incurred for emergency medical care, hospitalization, or other treatments leading up to the loved one’s passing.
- Funeral and burial costs: The average funeral can cost thousands of dollars, creating immediate pressure on families.
- Lost income: For households that relied on the deceased’s income, the sudden loss can leave families scrambling to pay bills or maintain their standard of living.
- Outstanding debts: The deceased may have left behind unpaid loans, mortgages, or other debts that now fall to surviving family members.
Future Uncertainty
In addition to immediate financial challenges, families often face long-term uncertainty, such as:
- Childcare and education costs: Parents who were primary caregivers or contributors to their children’s education leave a significant gap that surviving family members must fill.
- Retirement planning: Spouses may struggle to adjust plans for shared retirement goals due to reduced financial resources.
- Household management: Tasks once handled by the deceased—such as budgeting, childcare, or home maintenance—may now require outside help, adding further costs.
The Ripple Effect on Family Dynamics
A wrongful death often alters family roles and relationships in unexpected ways:
- Increased responsibilities: Remaining family members may need to take on new roles, such as caring for children or managing finances.
- Strained relationships: Grief can manifest differently among family members, sometimes leading to misunderstandings or conflicts.
- Loss of guidance and companionship: Children may lose a mentor, while spouses face the absence of emotional and practical support.
Why Addressing These Challenges Matters
Acknowledging these difficulties is crucial to understanding the importance of seeking justice through a wrongful death claim. Financial compensation cannot erase the pain of loss, but it can provide:
- Stability: Alleviating immediate financial pressures so families can focus on healing.
- Closure: Holding responsible parties accountable may bring a sense of justice to grieving families.
- Resources for recovery: Funds recovered through a wrongful death claim can support therapy, education, or other critical needs.
How Much Will a Wrongful Death Lawyer Cost Me?
If you’ve lost a loved one to a wrongful death, you may be struggling emotionally, physically, and financially. If you want help understanding your claim and seeking justice, contact the Tenge Law Firm, LLC, as soon as possible. We’ll schedule a free consultation to assess the validity of your case and discuss your options. In many cases, we’ll be able to work on a contingent fee basis, which means we only recover attorneys’ fees if we successfully secure compensation for you. Financial need won’t stop you from getting the settlement that you and your family members deserve.
In the past, the Tenge Law Firm, LLC, has been able to acquire substantial settlements for clients in wrongful death cases. While this monetary recovery won’t replace your loved one, recovering compensation will allow you to move forward with your life with a higher degree of financial freedom.
If you’ve had a loved one involved in a wrongful death, don’t delay! Contact us today at (303) 219-7377, or online. Whether you’re simply negotiating with insurance companies to ensure that you receive just compensation, or you hope to take your wrongful death case to court, we are here to help.
