Trusted Wrongful Death Attorneys Assisting Clients Across Colorado
Few things are worse in life than the death of a loved one. Knowing that their death was caused by the negligence or criminal conduct of someone else can make the pain even harder to bear. Making a wrongful death claim against the responsible party or parties can’t bring your loved one back, but recovering some monetary compensation can at least help to provide for their family and pay any lingering medical or funeral costs. A wrongful death attorney in Denver can help you hold the responsible party accountable and pursue the compensation your family needs.
Call Marlo Greer and the attorneys at Greer Law Group at our Denver office today at 303-331-6460 to speak to a wrongful death lawyer and explore your options.
How Is Wrongful Death Defined in Colorado?
In Colorado, wrongful death is defined as a death that results from the wrongful actions of another party or entity. One way to think about a wrongful death case is to consider it as a personal injury case that the injured party could have brought if they had survived. Wrongful death cases can be brought when the death was caused by negligence, medical malpractice, or intentional acts, including crimes.
If the death was caused by a criminal act, there may be both a criminal case and a civil wrongful death lawsuit. The criminal case can result in the incarceration or other punishment of the guilty party, A criminal court can order restitution for certain losses, but it does not compensate the family for the full harm of their loss. Unlike a criminal case, a civil case can recover monetary damages to compensate the family or beneficiary of the deceased, and a wrongful death attorney can help.
Who Can Bring a Wrongful Death Lawsuit in Colorado?
Not just anyone can file a wrongful death claim in Colorado. Who can file is determined by Colorado law and is subject to certain time constraints.
In the first year after the death, the surviving spouse may make a wrongful death claim, as can heirs to whom the surviving spouse has given written permission, either with the spouse or on their own, depending upon the written election of the spouse. In the event that there is no spouse, the heirs or designated beneficiary may bring a wrongful death suit in the first year following the death.
In the second year after the death, the surviving spouse, the heirs in combination with the spouse or alone, and any designated beneficiary may file wrongful death claims, and no written election is required.
If the deceased was unmarried and had no children or other descendants, the parents may bring the claim. For an adult, this applies only if there is also no designated beneficiary. Both parents will have an equal interest in the judgment unless one is deceased, in which case the surviving parent will have sole interest in the judgment.
What Kinds of Compensation Can I Seek in a Wrongful Death Lawsuit?
In wrongful death claims, the plaintiff may request monetary compensation for economic (or pecuniary) damages and non-economic (non-pecuniary) damages. Economic damages include tangible, straightforward costs caused by the decedent’s injury and death. These can include medical bills, the loss of the financial support the deceased would have provided, and funeral expenses, for example. These costs can usually be proven with receipts, bills and pay records. Non-economic costs include non-tangible losses suffered as a result of the wrongful death, including grief, loss of the deceased’s companionship, emotional or mental distress, and other non-tangible losses. These damages are more difficult to prove, but a wrongful death lawyer in Colorado can help.
The Colorado Wrongful Death Act provides for a flat award called a “solatium” in place of non-economic damages. This award is adjusted for inflation. The most recent Colorado Secretary of State certificate lists it at $135,990. The Colorado Secretary of State periodically publishes a document giving the current solatium amount, adjusted for inflation. If a wrongful death plaintiff accepts a solatium award in lieu of non-economic damages, they only need to prove liability, not the extent of their non-economic damages. Colorado wrongful death lawyers often guide clients through this process, helping them understand when accepting a solatium award may be in their best interest.
When a death involves fraud, malice, or willful and wanton conduct, punitive damages (called exemplary damages in Colorado) may be awarded in addition to economic and non-economic damages. A claim for punitive damages cannot be included in the initial complaint. It can be added later, after the parties exchange initial disclosures, if there is prima facie proof to support it.
Is There a Limit on the Amount I Can Seek in Compensation for a Wrongful Death in Colorado?
Colorado does not impose a limit on economic damages in wrongful death cases. The amount of the actual documented expenses may be awarded. Non-economic damages, however, are subject to limits. For wrongful death actions filed on or after January 1, 2025, the limit on non-economic damages in Colorado is $2.125 million. There is no limit when the death was a felonious killing, and different limits apply when the death resulted from medical malpractice. The Colorado Secretary of State publishes a Certificate with all of the current damage caps, and it is a good idea to check it out to see what the caps are at the time of your wrongful death claim. As stated above, the plaintiff in a wrongful death case may opt to take a flat-rate award, called a solatium, in place of non-economic damages in a wrongful death case, and the most recent certificate lists that amount at $135,990. It is adjusted for inflation periodically.
Will a Criminal Conviction or Lack of Conviction of the Defendant Affect My Civil Case?
Criminal court and civil court are different, and conviction or lack of conviction in criminal court does not guarantee liability or lack of liability in a civil court. The two court systems rely on different bodies of law in deciding cases, have different standards of proof, and lead to different outcomes. A criminal case may be filed in a death case only when the defendant violated a specific law and killed someone. In a civil case, however, the plaintiff must only prove that the defendant’s negligence or wrongful conduct caused the death.
Criminal court requires that guilt be proved “beyond a reasonable doubt,” while a civil case only requires that “a preponderance of the evidence” shows liability. This means the defendant can be found liable in a civil case if the jury finds it more likely than not, even slightly, that the defendant is responsible. This allows a considerable amount of room for doubt, unlike in a criminal case.
The penalties for conviction in a criminal case usually involve some kind of punishment like incarceration or fines, and any restitution ordered covers only certain losses. Civil cases, however, can lead to monetary compensation being awarded to the plaintiff(s), who are usually family members in a wrongful death lawsuit.
Why Do I Need a Lawyer for My Wrongful Death Case?
When you are grieving and suffering from the loss of a family member, the last thing you need is a legal battle over fair compensation. At a time when you and your family need time to heal, a wrongful death attorney can take on the legal work and handle the steps needed to pursue the compensation your family needs. A wrongful death attorney will make a thorough investigation of the death and the events leading up to it, will take care of necessary legal documentation and paperwork, and will monitor any criminal case that is related to the wrongful death.
Wrongful death cases often involve multiple defendants, some of which may be large and powerful insurance companies with aggressive lawyers hired for the sole purpose of keeping the company from having to pay claims. Nobody should be expected to go up against these large corporations on their own, and you don’t have to. Marlo Greer and the wrongful death attorneys at Greer Law Group are ready to take your side.
There are many difficult decisions to make in a wrongful death claim, such as what damages to seek, whether to take the solatium in lieu of non-economic damages, and how to go forward without your loved one by your side. Our compassionate and knowledgeable wrongful death attorneys can give you the sound legal advice you need to make these decisions, and will relieve you of the burden of pursuing, on your own, the compensation your family needs in the absence of the deceased.
No amount of money can make up for the loss of your loved one, but you shouldn’t be forced to suffer financial ruin due to the negligence or criminal actions of someone else. If your loved one suffered injuries that required extensive medical care before their death, you might not be able to pay those debts and keep your family afloat. If someone else caused your loved one’s injury and death, they should not be allowed to walk away scot-free while you struggle to put the pieces of your life back together. Money can’t fill the hole in your life where your loved one should be, but your suffering shouldn’t be compounded by financial struggle. Contact our offices today to get a start on rebuilding your life.
Marlo Greer and the wrongful death attorneys at Greer Law Group have the right combination of compassion and strength to stand by your side. You need us on your side, and we will be there, every step of the way. Our attorneys are here to help. Call us today at 303-331-6460.
Colorado Wrongful Death FAQs
Generally two years from the date of death (C.R.S. 13-80-102(1)(d) and 13-80-108(2)). The limit is four years when the defendant committed vehicular homicide and, in the same criminal episode, left the scene of the crash (C.R.S. 13-80-102(2)).
In the first year after the death, the surviving spouse may file, and heirs or a designated beneficiary may file with the spouse’s written election or when there is no spouse. In the second year, the spouse, the heirs, or a designated beneficiary may file without a written election. If the person who died was unmarried and had no descendants, the parents may bring the claim, and for an adult only if there is also no designated beneficiary (C.R.S. 13-21-201).
Economic damages are not capped. For wrongful death claims that accrue on or after January 1, 2025, non-economic damages are capped at $2.125 million, and there is no limit when the death was a felonious killing (C.R.S. 13-21-203). Different limits apply when the death resulted from medical malpractice.
A solatium is a flat award a family can choose instead of non-economic damages, so it only has to prove liability, not the extent of its non-economic losses. For claims that accrue on or after January 1, 2024, the Colorado Secretary of State lists the solatium at $135,990 (C.R.S. 13-21-203.5).
Yes. A civil wrongful death case is separate from any criminal case. A criminal conviction requires proof beyond a reasonable doubt, while a civil case requires proof by a preponderance of the evidence, so a defendant can be found liable in a civil case without a conviction.