There is nothing more crushing than the loss of a loved one. Given the effort it takes to emotionally process, it becomes even more challenging to face the practical and financial realities in the aftermath.
At Dan Caplis Law, our Fort Collins catastrophic injury lawyers are here to provide you with the support you deserve. With over 40 years of experience in the personal injury space, Dan Caplis and team have fearlessly litigated wrongful death cases. We believe that all Coloradans deserve the highest representation when facing the death of a loved one. Let us guide you through the legal process and support you in this time of need.
Call us at (970) 785-5000 today for your free, no-obligation consultation so we can discuss your options today.
Why Dan Caplis Law Is The Right Choice in a Fort Collins Wrongful Death Claim
If you are considering filing a Fort Collins wrongful death claim, you need a lawyer who has your concerns as the top priority. Here’s why Dan Caplis Law is the legal representation to choose:
- We focus on our clients and will go above and beyond to communicate each step of your case.
- Wrongful death claims are often complex. Our team understands the legal nuances of navigating these laws.
- We have successfully recovered millions for our clients, including a $7 million payout for one client.
- Our wrongful death lawyers in Fort Collins have a high degree of knowledge in the medical intricacies of these claims.
- You only pay if we win your case.
Who Can File a Fort Collins Wrongful Death Claim
Determining who is eligible to file a wrongful death claim is one of the first steps in a Fort Collins wrongful death claim. Colorado Revised Statutes (C.R.S.) § 13-21-201 sets out who is legally able to bring a claim:
“(1) When any person dies from any injury …and resulting from or occasioned by the defect or insufficiency above described shall forfeit and pay for every person and passenger so injured the sum of not exceeding ten thousand dollars and not less than three thousand dollars, which may be sued for and recovered: (a) In the first year after such death: (I) By the spouse of the deceased; (II) Upon the written election of the spouse, by the spouse and the heir or heirs of the deceased; (III) Upon the written election of the spouse, by the heir or heirs of the deceased; or (IV) If there is no spouse, by the heir or heirs of the deceased or the designated beneficiary, if there is one designated pursuant to article 22 of title 15, C.R.S., with the right to bring an action pursuant to this section, and if there is no designated beneficiary, by the heir or heirs of the deceased; (b)(I) In the second year after such death: (A) By the spouse of the deceased; (B) By the heir or heirs of the deceased; (C) By the spouse and the heir or heirs of the deceased; or (D) By the designated beneficiary of the deceased, if there is one designated pursuant to article 22 of title 15, C.R.S., with the right to bring an action pursuant to this section, and the heir or heirs of the deceased.”
Generally, what this translates into is that only the spouse of the deceased may file a wrongful death lawsuit during the first year following the wrongful death. In the second year, the children or designated heirs may file a wrongful death claim. If there is no spouse, the deceased’s children or heirs may file a wrongful death at any time. If no spouse or children, the parents may bring a wrongful death claim. A Fort Collins wrongful death lawyer can assist in navigating the intricacies of these laws.
If you have lost a loved one due to a motor vehicle accident, contact our Fort Collins car accident attorneys to discuss your legal options today.
Limitations on Damages in a Fort Collins Wrongful Death Claim
Damages is the compensation awarded to compensate the victim in a Fort Collins wrongful death claim. Damages generally fall into two categories: economic and non-economic. Economic damages are generally not capped. Non-economic damages are subject to caps under C.R.S. § 13-21-203:
“All damages accruing under section 13-21-202 shall be sued for and recovered by the same parties and in the same manner as provided in section 13-21-201, and in every such action the jury may give such damages as they may deem fair and just, with reference to the necessary injury resulting from such death, including damages for noneconomic loss or injury as defined in section 13-21-102.5 and subject to the limitations of this section and including within noneconomic loss or injury damages for grief, loss of companionship, pain and suffering, and emotional stress, to the surviving parties who may be entitled to sue; and also having regard to the mitigating or aggravating circumstances attending any such wrongful act, neglect, or default; except that, if the decedent left neither a widow, a widower, minor children, nor a dependent father or mother, the damages recoverable in any such action shall not exceed the sum of two million one hundred twenty-five thousand dollars in any wrongful death action or binding arbitration filed on or after January 1, 2025, and before January 1, 2026, or any wrongful death claim that accrues on or after January 1, 2025, in which damages for derivative or direct noneconomic loss or injury may be awarded, unless the wrongful act, neglect, or default causing death constitutes a felonious killing, as defined in section 15-11-803 (1)(b), and as determined in the manner described in section 15-11-803 (7), in which case there shall be no limitation on the damages for noneconomic loss or injury recoverable in such action.”
Non-economic damages include intangible losses, such as pain and suffering, loss of companionship, and emotional distress. Under the statute, non-economic damages are capped at $642,180 when adjusting for inflation. The amount may be increased depending on the nature of the death.
Contact Our Fort Collins Wrongful Death Attorney Today
There is no more excruciating pain than the death of a loved one. At Dan Caplis Law, we are dedicated to providing all we can to assist our clients in the aftermath so that you can focus on recovery. Let us handle all the legal intricacies in your claim. Call us or contact us online today for your free, no-risk consultation to start your path to healing.