COLORADO WRONGFUL DEATH CLAIMS

Losing a loved one unexpectedly is incredibly difficult. When that loss is caused by another person’s or company’s carelessness, recklessness, or wrongful conduct, state law may allow surviving family members to seek accountability and financial recovery.

In general, a wrongful death occurs when someone dies as a result of another party’s negligence, misconduct, or wrongful act. These claims are governed by each state’s specific wrongful death laws.

A wrongful death claim allows eligible family members to seek compensation for both the financial consequences of the loss and the loss of companionship, care, and support. To pursue a wrongful death case in Colorado, it generally must be established that:

• The defendant owed a duty of care
• That duty was breached
• The breach directly caused the death
• The surviving family members suffered legally recognized damages

Who may file the lawsuit and how compensation is distributed will depend on the laws of the state.

Wrongful death claims can result from a wide range of preventable incidents. While every case is different, these claims often involve certain types of fatal accidents. Common causes may include:

• Car accidents involving negligent or distracted drivers
• Pedestrian or bicycle collisions
• Commercial truck accidents
• Medical malpractice in hospitals or surgical settings
• Construction site and other workplace accidents
• Drownings in residential or public pools
• Premises liability incidents at businesses or apartment complexes
• Defective or dangerous products
• Nursing home neglect or abuse
• Fatal injuries caused by violent or criminal acts

Each of these situations may support a civil wrongful death claim, which is separate from any criminal charges that may also be pursued.

If you believe a wrongful death has occurred, taking prompt action can help protect your rights and strengthen a potential claim. The following steps may be important:

Obtain a Death Certificate

The official death certificate documents the cause of death and may play a key role in supporting your case.

Gather Evidence

Gather important documentation such as medical records, accident reports, photographs, and witness statements. If the death occurred in a workplace or medical setting, be sure to request records related to treatments, procedures, or any possible safety violations.

Speak With Morgan & Morgan

An experienced wrongful death attorney can review your situation, help determine liability, and explain what compensation may be available based on your case.

Be Cautious When Dealing With Insurance Companies

Insurance companies may attempt to minimize their financial liability. It’s generally advisable to speak with an attorney before giving statements or accepting any offers.

Determine Who Can File a Claim

Who may file a wrongful death lawsuit depends on state law. In many cases, eligible surviving family members may bring the claim, depending on their relationship to the deceased.

Understand the Statute of Limitations

Colorado law sets strict deadlines for filing wrongful death claims. Failing to meet these deadlines can impact your ability to seek compensation, making it important to act promptly.

Consider the Full Impact of the Loss

Wrongful death claims may address both financial and personal losses, including medical expenses, funeral costs, lost financial support, and the loss of companionship, care, and guidance. An attorney can help evaluate the full scope of damages that may apply.

Determining whether you have a valid wrongful death case depends on several key legal factors. Here are some important considerations:

Was there negligence or misconduct?

To pursue a wrongful death claim, it must generally be shown that another party’s negligence, recklessness, or wrongful actions caused the death. This may include situations such as car accidents caused by a negligent driver, medical malpractice due to a provider’s error, unsafe workplace conditions leading to a fatal incident, or criminal acts like assault or homicide.

Did the death result from that negligence?

There must be a clear connection between the responsible party’s actions, or failure to act, and the death. For example, if a doctor failed to diagnose a treatable condition and the patient died as a result, that could support a valid claim.

Do you have legal standing?

Only certain individuals are permitted to file a wrongful death lawsuit, and eligibility is determined by state law. In many cases, the claim may be brought by eligible surviving family members or by the personal representative of the deceased’s estate on behalf of those beneficiaries.

Those who may qualify can include a surviving spouse, children, parents, or other financially dependent relatives, depending on the applicable laws.

Are there recoverable damages?

A valid wrongful death claim must involve legally recognized losses, which may include medical expenses incurred before death, funeral and burial costs, loss of financial support (including future earnings and benefits), and loss of companionship, care, guidance, and support.

The types of damages available depend on state law and the specific circumstances of the case.

Is it within the statute of limitations?

Each state sets a deadline for filing a wrongful death claim. If too much time has passed, you may lose the right to bring a lawsuit.

Colorado law establishes specific rules regarding who may bring a wrongful death claim, including a priority system based on the relationship to the deceased and the timing of the claim.

In general, the surviving spouse has the first right to file a wrongful death lawsuit. During the first year after the death, the spouse typically has exclusive authority to bring the claim, although they may choose to include other beneficiaries. If there is no surviving spouse, the deceased person’s children may have the right to file.

In the second year after the death, both the surviving spouse and the children may be eligible to bring the claim. If there is no spouse or children, the deceased person’s parents may have the right to pursue a wrongful death lawsuit.

In some cases, a designated beneficiary or the personal representative of the estate may also be permitted to bring a claim, depending on the circumstances.

Any damages recovered are distributed according to Colorado law based on the relationship to the deceased and the losses suffered.

Colorado law sets strict deadlines for filing a wrongful death claim. In most cases, the deadline begins on the date of death, although certain factors may influence how it is calculated.

Different rules may apply in cases involving medical malpractice, claims against government entities, or situations where the cause of death is discovered at a later time.

These deadlines generally apply regardless of the age of the person who passed away. Because they are strictly enforced, missing them can impact your ability to recover compensation, making it important to act as soon as possible to protect your rights.

A wrongful death lawsuit (a civil case) and a criminal case can arise from the same incident, but they serve different purposes and follow different legal standards.

Purpose:

• Civil case: Brought by eligible family members or the estate to seek financial compensation for losses such as medical bills, funeral expenses, and lost support. The goal is financial recovery.
• Criminal case: Brought by the government to address violations of criminal law. The goal is punishment, which may include jail time, fines, or probation.

Burden of proof:

• Civil case: Must be proven by a preponderance of the evidence (more likely than not).
• Criminal case: Must be proven beyond a reasonable doubt, which is a higher standard.

Who files the case:

• Civil case: Filed by surviving family members or the estate, depending on state law.
• Criminal case: Filed by government prosecutors.

Possible outcomes:

• Civil case: May result in financial compensation for the family.
• Criminal case: May result in penalties such as incarceration or fines.

Can both happen at the same time?

Yes. A wrongful death claim can move forward separately from any criminal charges related to the same incident.

A wrongful death lawsuit and a survival action may both arise when a person dies due to another party’s negligence, but they address different types of losses.

A wrongful death claim focuses on the losses suffered by surviving family members. It allows them to pursue compensation for damages resulting from the death, such as funeral and burial expenses, loss of financial support, and loss of companionship or services, depending on state law.

A survival action, on the other hand, is brought on behalf of the deceased person’s estate. It seeks to recover damages the individual could have pursued if they had survived, such as medical bills, lost wages, and other losses incurred between the time of injury and death. Instead of compensating the family directly, it continues the claim the deceased would have had.

The main distinction lies in timing and purpose. Wrongful death claims focus on the effects of the loss on surviving family members, while survival actions address the harm the deceased experienced before passing. In some cases, both claims may be pursued together, depending on state law.

In a wrongful death case, compensation, often referred to as damages, is intended to address the losses resulting from a person’s death. The types of damages that may be available depend on both state law and the specific circumstances of the case. These damages can include:

Economic losses:

• Medical expenses incurred before death
• Funeral and burial costs
• Loss of financial support, including future income and benefits
• Loss of household services

Non-economic losses (where permitted by law):

• Loss of companionship, care, or guidance
• Loss of consortium

In some cases involving especially reckless or intentional conduct, additional damages may be available under applicable law. Because wrongful death laws vary by state, an attorney can review your situation and help determine what types of compensation may apply.

Proving liability in a wrongful death case requires showing that the defendant’s actions (or failure to act) legally caused the death. Although the process can be complex, most cases center on proving negligence, recklessness, or intentional misconduct.

Establishing Negligence (or Other Legal Theories)

In many wrongful death cases, the plaintiff, often an eligible family member or estate representative, must show that the defendant failed to exercise reasonable care. To establish negligence, the following elements are typically required:

• Duty of care: The defendant owed a legal duty to the deceased. For example, drivers are expected to operate vehicles safely, and medical professionals must provide competent care.
• Breach of duty: The defendant failed to meet that standard of care.
• Causation: The breach was a substantial factor in causing the death.
• Damages: The death resulted in legally recognized losses.

Intentional or Reckless Conduct

If the defendant acted intentionally or with reckless disregard for safety, liability may be based on those legal theories rather than simple negligence. The plaintiff must still show that the conduct directly resulted in the death.

Evidence Used to Prove Liability

Establishing responsibility often involves gathering and presenting evidence, such as:

• Medical records
• Eyewitness testimony
• Expert analysis (medical, accident reconstruction, and economic experts)
• Police or incident reports
• Photographs or surveillance footage

Addressing Potential Defenses

Defendants may argue that the deceased shared some responsibility for the incident. How this impacts a case depends on state law and may reduce or limit the amount of recovery in certain situations. Strong evidence and skilled legal representation are essential to challenge these claims.

Legal Guidance Matters

Wrongful death cases can involve complex facts, multiple parties, and significant financial stakes. An experienced attorney can investigate the incident, preserve critical evidence, consult experts, and build a case designed to establish liability under applicable state law.

In a wrongful death case, an expert witness helps clarify complex issues that may be beyond a jury’s general understanding. Their role is to provide specialized insight that can support the plaintiff’s claims or challenge the defendant’s position. These experts are typically professionals in fields relevant to the case, such as medicine, accident reconstruction, or economics.

For example, a medical expert may describe the cause of death, the severity of the injuries, and how specific actions contributed to the fatal outcome. An accident reconstruction expert may analyze evidence to show how the incident occurred and whether the defendant’s conduct played a role. By offering informed, professional opinions, expert witnesses help the jury better understand complicated details and make more informed decisions.

Yes, insurance often plays a significant role in wrongful death claims. In many cases, the person or entity responsible for the death may have insurance coverage that can help compensate surviving family members. Common ways insurance may be involved include:

• Liability insurance: If the at-fault party has insurance, such as in a car accident or workplace incident, their policy may help cover damages in a wrongful death claim. The insurance company typically handles the defense and may offer a settlement to resolve the case without going to trial.
• Life insurance: If the deceased had a life insurance policy, beneficiaries such as a spouse, children, or dependents may receive death benefits. This is separate from a wrongful death claim but can provide additional financial support.
• Workers’ compensation: If the death occurred on the job, workers’ compensation insurance may cover certain expenses, including medical costs or death benefits. However, it generally does not include non-economic damages like pain and suffering. In some cases, a separate claim may be possible if a third party contributed to the incident.
• Settlements: Insurance companies often attempt to resolve claims before trial to reduce costs and risk. In wrongful death cases, settlements may help cover expenses such as medical bills, funeral costs, and lost income.

While insurance can be an important source of compensation, it may not cover every type of loss. The amount available depends on the specifics of the case and the applicable coverage. It’s also important to recognize that insurance companies often aim to limit payouts, which is why legal representation can be critical in protecting your interests and ensuring your claim is handled fairly.

While it’s not legally required to hire a lawyer for a wrongful death claim, it is strongly recommended. These cases can be complex, often involving detailed legal procedures, evidence collection, and negotiations with insurance companies or opposing parties. An experienced attorney can help you navigate the process and improve your chances of recovering fair compensation.

Colorado’s wrongful death laws include specific rules regarding who may file a claim, what types of damages may be available, and the timeframe for taking legal action. Working with a lawyer can help ensure your claim complies with all applicable legal requirements.

Proving that negligence or intentional conduct caused a death requires strong evidence, such as accident reports, medical records, expert testimony, and witness statements. Morgan & Morgan’s attorneys understand how to build a compelling case.

Insurance companies may also try to reduce what they pay, whether by offering low settlements or disputing liability. An attorney can negotiate on your behalf and work to ensure your claim is taken seriously.

If a resolution cannot be reached through settlement, the case may proceed to trial. This process involves filing legal documents, presenting evidence, and making arguments in court. An experienced attorney at Morgan & Morgan can manage these steps and advocate for your rights throughout the process.

Morgan & Morgan’s lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right; the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

We love talking to our clients. You will primarily communicate with your Case Manager via telephone and email, and if you would like to speak directly with your attorney via telephone, we will make that happen by scheduling a call.

When you hire Morgan & Morgan, you don’t just hire a lawyer; you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C.

Your case will be managed by a dedicated team of professionals, including personal injury attorneys, paralegals, and support staff. You’ll have a care team led by a primary attorney who oversees your case and provides consistent, personalized attention throughout the process.

At Morgan & Morgan, our experienced attorneys have represented clients in wrongful death cases across the country, securing millions in compensation. As the largest personal injury law firm in the nation, with attorneys licensed to practice in all 50 states, we have the resources, knowledge, and dedication to fight for your rights.

We work on a contingency fee basis, so you don’t pay anything unless your case is successful. At Morgan & Morgan, we believe justice should be accessible to everyone. That’s why The Fee Is Free™: you only pay if we win.

With attorneys licensed to practice in Colorado, Morgan & Morgan handles wrongful death claims under state law and understands how to navigate the legal process. Backed by a firm that has recovered billions for families nationwide, we have the resources to take on large corporations, hospitals, and insurers.

Don’t bear the burden of your injuries on your own because of someone else’s negligence. If your family has lost someone due to negligence, contact Morgan & Morgan's Colorado team today for a free case evaluation to learn more about your legal options.