If you have lost a loved one in Colorado due to another party’s negligence or wrongdoing, you may have the right to file a wrongful death claim and seek damages.
Although no amount of money will ever fully compensate you for your loss, monetary awards can help ease the burdens caused by your loved one’s death. Seeking justice can also help empower survivors and provide purpose and direction during the difficult period after a death.
If another party is at fault for the death of your loved one, we want to help. Dan Caplis Law has decades of experience successfully representing wrongful death clients with compassion and integrity.
Our world-class Denver wrongful death attorneys have a track record of winning big for our clients and we would like to do the same for you. Call us today at (303) 770-5551 or visit our contact page to schedule a free consultation to discuss your case.
What is a Colorado Wrongful Death Claim?
A Colorado wrongful death claim takes the place of the personal injury claim that the decedent would have had if they had survived. It is a civil action against a party responsible for causing the death of another person through negligence, recklessness, or intentional actions.
The purpose of this claim is to help compensate the decedent’s survivors for economic and non-economic damages. In rare cases, a court may award punitive damages, which are also known as exemplary damages. Punitive damages are meant to punish the defendant and to deter similar acts in the future.
Who Can File a Colorado Wrongful Death Claim in Denver
Colorado law restricts who can file a wrongful death claim and when. In the first year after death, only the surviving spouse may file a wrongful death claim. Although, the surviving spouse may choose to allow the surviving children to file instead, or to file together with the surviving children.
After the first year, the decedent’s surviving children can file a wrongful death claim.
If the decedent was not married and had no children, then their parents may file a wrongful death claim. A designated beneficiary may also have a right to file.
A new Colorado law (HB 24-1472) gives siblings and their heirs (nieces/nephews) limited rights to file a wrongful death claim.
For cases arising after January 1, 2025, Siblings and their heirs can file a wrongful death claim if the person who was killed does not have a spouse, an heir or a designated beneficiary, or is an unmarried minor without a father or a mother, or is an unmarried adult without a mother, father or descendants, siblings and their heirs the siblings and other heirs of the deceased may be able to file a claim.
It is important to seek the advice of a Denver wrongful death attorney to determine whether you have the right to file a wrongful death claim and when you may file it. You also must know the statute of limitations, which is your deadline for filing a claim. In most cases, you must file a Colorado wrongful death claim within two years of the date of death.
Proving a Colorado Wrongful Death Law Claim
In a Colorado wrongful death claim, you must be able to prove:
- The defendant owed the decedent a duty of care.
- The defendant breached that duty.
- The breach of that duty caused the decedent’s death.
- Damages you have suffered.
These elements may seem straightforward, however, they are not easy or simple to prove. You need the skill and knowledge of an experienced Denver wrongful death attorney to build the strongest case for maximum recovery.
Compensation in Denver Wrongful Death Cases
Damages for wrongful death claims are generally divided into three categories: economic damages, non-economic damages, and punitive/exemplary damages.
Economic damages help compensate the loved one’s survivors for the wages and compensation the decedent would have likely earned, and funeral and burial expenses.
Non-economic damages compensate the survivors for their pain and suffering, emotional distress, and loss of companionship.
Punitive/Exemplary damages are only granted in cases of fraud, malice, willful and wanton conduct, or reckless disregard for the health and safety of others.
Contact Our Denver Wrongful Death Lawyer Today
If you have lost a loved one in Denver due to the wrongful actions of another party, you may be entitled to recover compensation. These cases are usually complex and require a deep knowledge and understanding of Colorado’s wrongful death laws. Contact our Denver personal injury attorneys to help you file a wrongful death claim today.
You need the representation of an experienced Denver wrongful death attorney who knows how to win big. At Dan Caplis Law, we have been extremely successful in achieving record-setting results for our clients. We would like to help you too.
Call us at (303) 770-5551 or visit our contact page to schedule a free consultation to discuss your case.