Wrongful Death Cases

Answers to the most frequently asked questions about wrongful death cases.

1. What is a wrongful death case?

Answer: Under Colorado law, a claim may be made whenever a person dies as a result of the conduct of another. A case is typically brought when the defendant is negligent, but a claim could also be maintained for intentional conduct including homicide.

2. Who can file a wrongful death case under Colorado law?

Answer: The Colorado Statutes allow the surviving spouse to bring a claim. If the decedent did not have a surviving spouse, then the claim can be brought by children. Claims brought by other family members can be quite complicated and governed by statutory and intestacy laws.

3. When must a wrongful death action be brought?

Answer: In the event that the defendant’s conduct was intentional, the claim must be brought as an intentional tort within (1) one year. In the event of a wrongful death due to negligence, the statute of limitations is (2) two years.

If the wrongful death occurred as a result of a motor vehicle collision, the claim must be brought within (3) three years.

However, if the wrongful death is against a public entity, the public entity must receive Notice of the Claim within (6) six months of the wrongful death.

4. Does comparative negligence apply to a wrongful death case?

Answer: Yes. In the event that the decedent was partially at fault or comparatively negligent in causing their own death, then the jury must apportion the negligence on a 100% basis. In the event the decedent was 50% or more at fault, then the defendant will win the wrongful death case. In the event the defendant was 51% or more at fault the victim’s family wins – but their damages will be reduced by the amount of the decedent’s negligence.

5. What damages can be awarded in a wrongful death case?

Answer: Economic and non-economic damages can be awarded in a wrongful death case. The economic damages include the lost earning capacity, funeral expenses and the value of any personal services or home services that the decedent would have provided.

Non-economic damages include grief, solace, and loss of companionship.

6. What are the Caps on non-economic damages?

Answer: The statutory cap on non-economic damages for solace and loss of companionship are $341,250.00.

7. When should I hire an attorney to pursue a wrongful death case?

Answer: It is recommended that an attorney be hired as soon as possible. Wrongful death claims are very complicated and involve a substantial investigation, statutory caps on damages, liability insurance questions, and the potential for surviving heirs.

8. What are the chances that the wrongful death case will settle?

Answer: In excess of 90% of wrongful death cases will settle before trial.