Who Receives Money in a Colorado Wrongful Death Lawsuit?

October 14, 2024

Losing a loved one is a profound and life-altering experience. The situation becomes even more challenging when that loss results from someone else’s negligence or wrongful actions. In Colorado, wrongful death lawsuits are a way for survivors to seek justice and compensation for their loss. However, one of the key questions that often arises is who will receive the compensation from a wrongful death lawsuit. This comprehensive guide explores how compensation is distributed among survivors in Colorado wrongful death cases and the factors that influence this distribution.

Understanding Wrongful Death Lawsuits in Colorado

A Colorado wrongful death lawsuit is a legal action taken when a person dies as a result of someone else’s negligent, reckless, or intentional conduct. In Colorado, these lawsuits are governed by state laws designed to provide financial compensation to specific surviving family members and to hold the responsible party accountable for their actions. Wrongful death claims can arise from various situations, including, but not limited to:

Motor Vehicle Accidents
Medical Malpractice
Workplace Accidents
Defective Products

The purpose of a wrongful death lawsuit is to seek damages for the survivors’ financial and emotional losses, which can include medical expenses, funeral costs, lost income, and loss of companionship.

Who is Eligible to File a Wrongful Death Lawsuit?

Before addressing who receives the compensation, it’s crucial to understand who has the legal right to file a wrongful death lawsuit in Colorado. According to Colorado state law a surviving spouse, heir, designated beneficiary, and parents of the deceased are able to to file a wrongful death lawsuit.

If the deceased was unmarried, whether a minor or adult, and had no designated beneficiary or descendants, the parents can file the lawsuit. Both living parents will share any recovery equally. Adoptive parents of an adult cannot file for wrongful death.

If there is a surviving spouse or designated beneficiary who does not file a claim, only the lineal descendants (children or grandchildren) of the deceased are eligible to file a wrongful death suit. Siblings or other relatives do not have the right to file.

A designated beneficiary’s right to file a wrongful death claim is based on a valid “designated beneficiary agreement” as set by statute. They can recover damages under the same terms and limitations as other claimants.

Filing Timeline and Rights

Of course, there is a statute of limitations when filing a wrongful death lawsuit. The statute of limitations is two years in the state of Colorado for a wrongful death claim. If a claim is not filed within that period then it will forever be barred from recovery.

If a spouse is surviving, they have the exclusive right to file a wrongful death action during the first year after the cause of action arises. However, if the spouse decides not to file, they can allow the heirs to pursue the claim, either jointly with the spouse or independently. If there is no surviving spouse but a designated beneficiary exists, that beneficiary or the heirs can file a lawsuit within the first year. It’s important to remember that the determination of whether the deceased was married or unmarried, and hence who has the right to bring a lawsuit, is based on the date of death, not the date when the lawsuit is filed.

In the second year after the cause of action arises, the surviving spouse, heirs, and properly authorized designated beneficiary can all file a lawsuit, either separately or together. If the heirs file first, the spouse or designated beneficiary can still intervene within 90 days of receiving notice of the lawsuit.

Only one wrongful death lawsuit is permitted per death, even if multiple eligible parties have the right to sue. If a designated beneficiary or spouse does not file within the designated time and another eligible party does, the right to file may be lost.

Final Settlement and Distribution

Once a wrongful death claim is pursued and settled by an appropriate party, no other party can file a second claim for the same death.

Regardless of who files the claim, any judgment or settlement is shared among the heirs at law of the deceased according to Colorado’s statutes of descent and distribution. The damages are distributed based on these statutes, meaning that damages are not awarded individually but are shared among the survivors.

Legal Process and Court Involvement

If the parties involved in a wrongful death case cannot agree on how to distribute the compensation, the court may become involved in making the decision. The court will evaluate the evidence, consider the factors mentioned above, and issue a ruling on how the compensation should be divided. This process ensures that the distribution is fair and in line with legal principles.

The Importance of Legal Representation

Navigating a wrongful death lawsuit requires a deep understanding of the law and the legal process. An experienced wrongful death attorney can provide invaluable assistance in managing the complexities of the case, including the distribution of compensation. A lawyer will:

Advocate for Your Rights: Ensure that your rights and interests are protected throughout the legal process.
Negotiate Fair Compensation: Work to secure a fair settlement or verdict that reflects the true impact of your loss.
Guide You Through the Process: Provide clear guidance on legal procedures and help you understand how the compensation will be distributed.

Understanding who receives money in a Colorado wrongful death lawsuit can help provide clarity during a challenging time. Whether you’re a surviving spouse, child, parent, or another relative, knowing your rights and how compensation is typically divided can help you navigate the legal process more effectively.