When a person dies due to the fault of another person in Colorado, certain family members may have the right to file a Denver wrongful death claim. Additionally, the decedent’s estate may have the right to bring a survival action against the liable parties.
A survival action can be thought of as a continuation of a personal injury claim that the deceased could have brought had they survived. However, it only provides compensation for the economic damages suffered by the decedent.
If you have lost a loved one due to another party’s negligent or wrongful action, Dan Caplis Law wants to help. We have decades of experience handling wrongful death cases and have been extremely successful, achieving record-setting results for our clients.
Contact us today at (303) 770-5551 or visit our contact page to schedule a free consultation. We will listen to the facts of your case, answer your questions, and explain what types of claims may be brought by your loved one’s estate and survivors.
What are Survival Actions in Denver, CO?
According to C.R.S. § 13-20-101, a survival action in Colorado is a lawsuit filed by the deceased’s estate to recover economic damages caused by the fault of another person that the victim suffered in the time they survived before dying.
So, there are several requirements for a survival action:
- The decedent survived for some time before dying
- After an accident or incident
- And suffered damages
- Caused by another person’s wrongful actions
If the decedent dies instantly, there is usually no survival action. The decedent must have suffered some economic loss before they died for there to be a survival action.
However, a survival action may be possible if there is a slight delay between the incident and death. You need to discuss the specific facts of your case with an experienced Colorado survival action attorney to determine your rights.
Differences Between Wrongful Death and Survival Actions in Colorado
Both actions arise from the death of a person caused by another party’s wrongful action. However, the purpose of the two actions is different and the claims are brought on behalf of different parties.
A wrongful death claim seeks to compensate the deceased’s closest loved ones for the economic and non-economic damages they have suffered. In contrast, a survival action seeks to compensate the decedent’s estate for only the economic damages the decedent suffered before they died.
In a survival action, the decedent’s estate can only recover actual damages sustained by the decedent before death that were caused by the negligence of another person. Unlike other types of claims, in a survival action, you can not recover for pain and suffering, disfigurement, and future losses of the deceased.
A survival action can only be brought on behalf of the decedent’s estate by the decedent’s personal representative. In Colorado, a personal representative is appointed by the probate court handling the estate.
The decedent may have named a personal representative in an estate planning instrument such as a will or trust. If not, the intestacy laws of Colorado provide a process for the court to appoint the personal representative, who will usually be one of the decedent’s beneficiaries.
In a survival action, the appointed personal representative, not the decedent’s heirs, makes all the decisions about the case such as whether to settle it or take it to trial.
In a wrongful death case, specific family members have the right to bring the claim and they will decide whether to settle or take the case to trial.
Can You File Both Wrongful Death Claims and Survival Actions in Denver?
You may be able to file both a wrongful death claim and a survival action in some circumstances. The claims have different purposes and are brought on behalf of different parties.
The purpose of the survival action is to compensate the decedent’s estate for economic damages suffered by the decedent after the accident or incident but before their death.
The purpose of the wrongful death claim is to compensate the decedent’s closest family members for the economic and non-economic damages they have suffered because of their loved one’s death.
Damages From Survival Actions in Denver, CO
The purpose of a survival action is to compensate the decedent’s estate for losses incurred before the decedent’s death and certain expenses the estate incurred after death. Some common types of damages recoverable in survival actions in Colorado include:
- Medical expenses for the decedent’s last injury or illness
- Funeral and burial expenses
- Damages to the personal property of the decedent caused by the fatal injury
- Lost wages for the time between the injury and death
If there was a significant amount of time between the injury that caused the decedent’s death and the time of death, survival action damages can be substantial.
A survival action can compensate the decedent’s estate for these expenses. This helps ensure the decedent’s heirs are not stuck paying bills that were caused by another person’s wrongful actions.
Who Gets the Compensation from Survival Actions in Denver?
The decedent’s estate receives the compensation from a survival action, not the family members. This is because it is the decedent’s estate that will need to pay the expenses incurred during the time of the decedent’s survival.
Any assets left in the decedent’s estate will be distributed according to the terms of their will. If the decedent did not leave a will, then any assets left will be distributed according to Colorado intestacy laws.
How We Can Help
Dan Caplis Law is a serious firm for serious cases. We have decades of experience representing clients with survival actions and wrongful death actions and have been extremely successful.
We handle every case with compassion and integrity and treat every client as we would treat our own family members.
If we represent you in a survival action, we will thoroughly investigate the case to identify all liable parties. We will also ensure that all qualified expenses are included in calculating the value of the survival action claim.
Dan Caplis Law has the skill, experience, and resources to help the decedent’s estate recover the full compensation it is owed.
Contact Dan Caplis Law Today
If your loved one died due to the fault of another person, our Denver wrongful death lawyers want to help. We will evaluate your case and advise you whether the decedent’s estate has a survival action in addition to any potential wrongful death action.
We know you are hurting and are likely angry and confused. Our wrongful death attorneys in Denver want to help you understand your options and recover the maximum compensation owed.
Contact us today at (303) 770-5551 or visit our contact page to schedule a free consultation. We will listen to you, answer your questions, and advise you of your rights.