Losing a loved one is an unimaginably painful experience, especially if the death resulted from someone else’s negligence or wrongful act. In Colorado, wrongful death claims are a legal avenue for families to seek compensation for their losses. This blog is intended to give families who are undergoing this terrible time an understanding of what damages are allowed under Colorado law.
Who Can Sue in a Colorado Wrongful Death Case?
To illustrate who can file a wrongful death case, consider the hierarchy within a corporation. If the CEO is unable to fulfill their responsibilities due to illness or another reason, the Chief Operating Officer (COO) steps in to lead the company. Should the COO also be unavailable, the next senior executive, such as the Chief Financial Officer (CFO), would take over. This structured succession plan ensures that the corporation continues to operate smoothly, and leadership responsibilities are consistently upheld.
In the context of wrongful death suits in Colorado, the law outlines a specific order for who can file a lawsuit.
First Year After Death
In the initial year following a person’s death, the right to file a wrongful death lawsuit is primarily reserved for the surviving spouse. This spouse may, in writing, authorize the deceased’s heir or heirs to either join the lawsuit initiated by the spouse or to file a separate wrongful death claim on their own. Heirs typically include children and other direct descendants.
If no surviving spouse exists, the deceased’s heir(s) or a designated beneficiary may initiate a wrongful death lawsuit within this first year. The designated beneficiary holds the priority for filing, assuming there is a pre-existing agreement confirming this arrangement.
Effective from January 1, 2025, Colorado law will extend the right to file a wrongful death lawsuit within the first year to surviving siblings and their heirs, under these conditions:
- There is no surviving spouse, heir(s), or designated beneficiary.
- The deceased was either an unmarried minor without descendants, or an unmarried adult without descendants and without living parents.
Second Year After Death
During the second year after a wrongful death, the following parties are eligible to bring forth a claim:
- Surviving spouse
- Heir or heirs
- Both the spouse and heir(s)
- A designated beneficiary
- Both a designated beneficiary and the heir(s)
A spouse or designated beneficiary has the option to request joining a wrongful death lawsuit filed by the deceased’s heirs. This motion to join must be submitted within the legal deadline after receiving written notice of the lawsuit’s initiation.
From January 1, 2025, siblings of the deceased, along with their heirs, may also file a wrongful death claim in the second year if there is no surviving spouse, heirs, designated beneficiary, or parents.
Categories of Damages in a Wrongful Death Claim
Damages in wrongful death claims are categorized into economic and noneconomic damages, each addressing different aspects of loss:
1. Economic Damages
Economic damages compensate for the financial contributions the deceased would have made to their family had they lived. These can include:
- Lost wages and benefits: This includes future earnings the deceased would likely have earned if not for their untimely death.
- Medical expenses related to the final illness or injury: Any costs incurred for medical care before the deceased passed away due to the wrongful act.
- Funeral and burial costs: Immediate expenses related to the deceased’s funeral and burial are recoverable.
2. Noneconomic Damages
Noneconomic damages provide compensation for the intangible losses suffered by the surviving family members. These damages include:
- Pain and suffering of the deceased before death
- Loss of companionship, care, and affection: The emotional support and relationships lost due to the death.
New Changes to Colorado Law on Noneconomic Damages
Recognizing the profound impact of losing a loved one, Colorado has recently enacted laws to increase the caps on noneconomic damages in wrongful death cases. This change aims to offer a fairer compensation for the intangible, yet profound, losses that families endure. The new law reflects a more modern understanding of the emotional and psychological toll of losing a family member.
The Importance of Timely Action
Colorado law imposes strict time limits on filing wrongful death claims, generally within two years of the death. Given the complexities involved in calculating and negotiating these claims, engaging experienced legal counsel early in the process is crucial.