What Are the Elements of a Wrongful Death Claim in Colorado? 2025

If you lost a family member to a fatal personal injury, it could form the basis of a wrongful death claim, but what are the elements of a wrongful death claim in Colorado? A wrongful death claim is a specific type of personal injury case filed by the family of a victim who did not survive their injury and cannot file a personal injury case on their own behalf. If you believe you have grounds to file a wrongful death case, it is vital to know what the case entails.

Building a Wrongful Death Claim

Building a wrongful death claim in the state largely mirrors what you would need to do to file most other types of personal injury cases. You need to accurately identify the defendant or defendants responsible for causing the death, prove how their actions directly caused the death, and show proof of the various damages you intend to recover with the claim. However, there are special rules for filing a wrongful death case you must understand.

Only certain parties are eligible to file wrongful death suits. Generally, the surviving spouse and children of the victim are first in line with the right to file the claim, followed by other close relatives and beneficiaries of the deceased’s estate. An experienced attorney can explain these eligibility criteria and ensure your case meets the applicable deadline for filing under the statute of limitations.

It can be very difficult to assess the total value of the damages a plaintiff can seek with a wrongful death case in the state. Like in most other personal injury cases, it is possible to seek compensation for any economic and non-economic damages the defendant inflicted. Economic damages are generally straightforward and include any direct financial losses such as funeral and burial costs, property damage caused by the defendant, and damages to the deceased’s estate.

The family has the right to seek compensation for the financial impact of the victim’s death as well. For example, if the victim worked to provide for their family, the surviving family could seek compensation for this lost financial support. An experienced attorney can assist them in calculating any such projected future losses and determine an appropriate amount of pain and suffering compensation to seek from the defendant.

What to Expect From a Wrongful Death Attorney in Colorado

An experienced wrongful death attorney in Denver is an invaluable asset for any family facing this type of case. The right legal representative can streamline the process of building a wrongful death suit and compiling the evidence and testimony needed to hold a defendant accountable for causing a fatal personal injury. They can also help the family make more informed decisions about the direction of their case, potentially helping them resolve it faster than they initially expected.

Ultimately, every wrongful death case is unique, and it is important for the surviving family of a victim to have legal counsel they can trust on their side in order to ensure the greatest chances of success. The team at Cheney Galluzzi & Howard has years of experience handling these cases, and we are ready to explain the elements of a wrongful death case so you can approach this situation with confidence and peace of mind.

FAQs

Q: What Damages Can Be Recovered in a Wrongful Death Case?

A: Various damages can be recovered in a wrongful death case in Colorado. The family of the victim has the right to claim compensation for any economic losses resulting from the victim’s death, such as funeral and burial costs, lost financial support, and increased household expenses. It is also possible to seek compensation for damages to the deceased’s estate and for the pain and suffering the family has experienced.

Q: How Do You Prove Fault in a Wrongful Death Case?

A: To prove fault in a wrongful death case, the plaintiff must show evidence that identifies the party responsible for causing the death. They must then show how the defendant caused the death and establish causation. This means they need to prove the death did not result from any cause other than the defendant’s negligence or misconduct. The plaintiff must also show proof of the full extent of their damages.

Q: Will a Defendant Go to Jail for Causing a Wrongful Death?

A: It is possible for a defendant to go to jail for causing a wrongful death in Colorado. If they caused the death by breaking the law, the state may file criminal charges. However, this criminal case is separate from a wrongful death suit filed in civil court. While the wrongful death case seeks compensation for damages, the criminal case aims to punish the defendant for breaking the law. Your attorney can explain any such variables present in your case.

Q: How Long Does It Take to Resolve a Wrongful Death Case?

A: The time it could take to resolve a wrongful death case will depend on several factors, such as how easily the plaintiff can establish fault for the death, whether multiple parties share fault, and whether it is possible to negotiate a settlement. Your attorney can provide an estimate of your case’s probable timeline, and hiring legal counsel is one of the most important things you can do to streamline your case proceedings as much as possible.

Q: Why Should I Hire a Wrongful Death Attorney?

A: You should hire a wrongful death attorney because a wrongful death case is inherently more challenging than a typical personal injury case in multiple ways. Additionally, the emotional stress of the situation can make enduring your legal proceedings even more difficult. You need a legal advocate you trust to help you prove fault and hold the defendant accountable for the damages they have inflicted on your family. You’re more likely to succeed with an attorney’s help.

The team at Cheney Galluzzi & Howard has years of professional experience handling a wide variety of complex personal injury cases, including wrongful death cases. If you have lost a loved one due to another party’s actions, it is natural to have lots of difficult legal questions you cannot answer for yourself. Contact us today and schedule a free consultation with our team to learn how we can assist you with your case.