Losing a loved one is painful, but when their death is the result of someone else’s negligence or wrongdoing, it can be even more devastating. Colorado’s wrongful death statute provides a legal avenue for surviving spouses, children, and parents to seek justice and compensation.

Burg Simpson’s legal experts, led by skilled trial attorney Stephen Burg, offer guidance on navigating this complex situation.

What Is Wrongful Death?

Burg defines wrongful death as the result of unreasonable conduct that leads to another person’s death or the failure to act reasonably, resulting in someone’s death. Those actions or lack of action can include car accidents, slip-and-falls due to unsafe premises, or defective products.

Unlike medical malpractice cases, where a medical expert often testifies to establish the standard of care that was breached, wrongful death cases may rely on different types of evidence to prove negligence. This could include accident reconstruction reports, witness statements, building code violations, photos and video.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil action that allows the surviving family of a deceased person to seek compensation for their loss. There’s also a separate process called survival action, which focuses on recovering medical bills and other expenses incurred by the person before their passing.

Burg emphasizes that his firm prioritizes respecting the memory of the deceased while navigating wrongful death cases. The goal is to achieve compensation for surviving family and honor the tragically shortened life while acknowledging that no amount of money can ever truly replace a lost loved one.

For example, Burg recalls a tragic case in which a 17-year-old, full of potential and dreams, was killed in a car accident caused by a drunk driver. This case exemplifies the devastating impact of wrongful death and the importance of holding negligent parties accountable.

When Should Someone Contact a Wrongful Death Attorney?

Heirs have the right to file a wrongful death lawsuit in Colorado. Heirs typically include spouses, children, and parents.

The spouse has the exclusive right to file for the first year after the death. If there’s no spouse, children can file, followed by parents.

You must file a wrongful death claim within two years of the date of death.

When looking for an attorney, Burg recommends finding someone with:

Felonious killing experience: In some cases, a wrongful death may be a result of a reckless act. An attorney with experience securing “felonious killing” determinations can potentially maximize compensation for the family.
Trial experience: Wrongful death cases can go to trial. Find an attorney with a proven track record of success in court, including securing verdicts in wrongful death cases.
Significant case results: Experience handling complex wrongful death cases and achieving substantial compensation for clients demonstrates the attorney’s ability to navigate these challenging lawsuits effectively.
Emotional connection: While legal expertise is essential, connecting with the grieving family on a human level is equally important. Choose an attorney who demonstrates compassion and understanding throughout the process.

What Is the Burden of Proof for Wrongful Death in Colorado?

The burden of proof is based on a preponderance of the evidence for wrongful death cases in Colorado. This means that the plaintiff must show that it is more likely than not that the defendant’s negligence or wrongful actions caused the death of their loved one.

How Long Does a Case Take in Colorado?

The duration of a wrongful death case in Colorado can vary depending on the specifics and complexities of the case.

“The vast majority of cases through Burg Simpson settle before being sent to trial,” Burg says. “Processes can vary in length from months to years depending on the case; settlements typically resolve over months, whereas cases sent to trial may span a year or more.”

How Much Is a Wrongful Death Lawsuit Worth in Colorado?

Compensation in wrongful death lawsuits can cover various losses, including medical expenses related to the final illness or injury, lost wages the deceased would have earned, and loss of companionship.

However, it’s important to note that Colorado has a cap on non-economic damages in most cases, including compensation for pain and suffering, emotional distress, and loss of enjoyment of life.

In Colorado, all claims for relief that occur after Jan. 1, 2024, and before Jan. 1, 2026, are subject to the following limitations:

C.R.S. 12-47-801(3)(c) & 12-47-801(4)(c): The adjusted limitation on recoverable damages is $437,880.
C.R.S. 13-21-102.5(3)(a) & 13-21-102.5(3)(b): The adjusted limitation on recoverable damages is $729,790. However, the court can increase this amount to $1,459,600 upon clear and convincing evidence.
C.R.S. 12-21-203(1): The adjusted limitation on recoverable damages is $679,990.
C.R.S. 13-21-203.5: The adjusted solatium amount is $135,990.

Burg says there are two main exceptions to the damage caps. The first is for felonious killings like murder or manslaughter. The second applies when someone’s actions, even if not a crime, were extraordinarily reckless and caused death.

The Bottom Line

Educating yourself and working with an experienced attorney can make the painful process of coping with the loss of a loved one smoother and hopefully ensure you receive the compensation you deserve.

If you found this guide helpful, the Burg Simpson blog provides more resources and information on wrongful death cases in Colorado.

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Please consult with a qualified attorney to discuss your specific situation.

The news and editorial staffs of The Denver Post had no role in this post’s preparation.