Who is Eligible to File a Wrongful Death Claim in Colorado?

At Donaldson Law, LLC, our compassionate wrongful death attorneys in Denver, Colorado understand how difficult it is to lose a loved one under any circumstances.

When someone you love loses their life to negligence, it is nearly impossible to understand how something like this could happen, or who may be held responsible for their untimely death.

According to our Colorado Wrongful Death Laws, an individual or corporation is liable for wrongful death if the loss was caused by a wrongful act, negligence, or default that would not have happened if the action or inaction did not occur.

When preventable incidents occur, and our clients lose their loved ones as a result, we provide real legal solutions that may allow them to pursue the negligent party for the financial compensation for the resulting expenses, and the support their loved one once provided.

What are the Most Common Causes of Wrongful Death in Colorado?

When negligence is a factor, there is no limit to the number of ways an accident can cause the loss of life.

Some of the more common causes of wrongful death in Colorado may include, but are not limited to:

If you have lost a loved one to negligence, contact our experienced wrongful death attorneys in Denver at Donaldson Law, LLC today to schedule a free consultation to discover whether you are eligible to file a claim in Colorado.

Who is Eligible to File a Wrongful Death Claim in Colorado?

In Colorado, only certain individuals are permitted to pursue a wrongful death claim after losing a loved one to negligence.

In addition, eligible persons are only eligible to file a wrongful death claim within a certain window of time.

In the first year, from the date of their loved one’s death, the following individuals may be eligible to file a wrongful death claim in Colorado:

  • The decedent’s spouse
  • The decedent’s heirs if no spouse
  • The decedent’s heirs and spouse combined
  • The decedent’s designated beneficiary if no spouse

If the surviving spouse does not bring an action in the first year — or waives his or her right to bring a wrongful death suit — the next set of eligible family members who can pursue a wrongful death claim in the second year after the date of the decedent’s death may include:

  • The surviving children of the decedent
  • The parents of the decedent if the decedent was not married and did not have children
  • The designated beneficiary of the decedent

If you have questions about your eligibility to pursue a wrongful death claim in Colorado, contact our experienced personal injury lawyers in Denver today to discuss your unique circumstances, so you can begin making informed decisions about the direction of your case.

What Type of Financial Compensation Can I Pursue During a Colorado Wrongful Death Claim?

In Colorado, there are two types of legal actions that can be pursued by the decedent’s eligible heirs or the estate when another person’s wrongful acts caused the death of their loved one. They include a survival action and a wrongful death claim.

The significant difference between the two is that the damages for a survival action are for the decedent him or herself, which may include medical expenses he or she incurred before their death. Only the Decedent’s estate, through the personal representative, is permitted to file a survival action in the State of Colorado.

Wrongful death actions seek damages that eligible family members suffer as the result of their loved one’s death, not the damages suffered by the decedent.

Wrongful death compensation may include:

  • Funeral and burial costs
  • Loss of benefits, such as pension or retirement benefits
  • Loss of future earnings
  • Financial loss suffered by the surviving heirs and/or beneficiaries
  • Non-economic losses suffered by the surviving spouse or heirs

Once we determine your eligibility to file a survival or wrongful death claim, we will outline which financial recovery options are available to your family, based on the unique circumstances of your loss.

If you have lost a loved one to negligence, contact our personal injury attorneys in Denver, Colorado at Donaldson Law, LLC by calling 303-458-5000 or contact us online to schedule a free confidential consultation today to ensure your rights are protected throughout the legal process, so you can pursue the best outcome available for your unique case.


Filed Under: Wrongful Death