WRONGFUL DEATH LAW IN COLORADO

WRONGFUL DEATH LAW IN COLORADO

A wrongful death is a term that describes a situation = when someone’s negligence or wrongful conduct causes another person’s death. The ‘responsible’ person’s negligence does not hav= e to be the ‘sole’ cause of death.&= nbsp; For instance, in an accident, there may be many ‘causes’ combining to lead to death, such as driver error combined with defective se= at belts. All responsible partie= s can be sued for wrongful death, at the election of the survivors. If the wrongful death is caused in= part by medical negligence or malpractice, then the Health Care Availability Act controls that claim; otherwise, the Wrongful Death Act controls the law and damages. The following is a s= ummary of the law of Colorado under the Wrongful Death Act. Other laws may apply such as the P= roduct Liability Act.

The purpose of a wrongful death suit is to provide rel= ief to family members who have been injured emotionally and financially as a resul= t of a family member’s death. If you have lost a loved one as a result of someone else’s negligence, you may want to consult an experienced inj= ury attorney to assist you. At the Avery Law Firm, we recognize that there is no greater loss than the tragic and untimely loss of a loved one. You can rest assured that our legal team will treat you and your family members with sensitivity, professionalism, dignity and respect.

In the State of Colorado, wrongful death causes of action were created by statute. The Colorado legislature passed the Wrongful Death Act. Pursuant to this Act, a lawsuit in the name of the Estate of the party that died as a result of the wrongful act of another must be commenced within two (2) year= s of the date of death, or the cause of action will be barred by the running of = the statute of limitations. Under Colorado law, the types of damages that may be recovered in a wrongful death case depend upon whether the decedent is (1) an adult with a surviving spou= se or dependents; (2) an unmarried adult without dependents; or (3) a minor ch= ild.

In many wrongful death cases, families suffer devastating financial harm resulting from the death of a spouse or a parent. If the deceased person ha= d a surviving spouse, surviving children, or relatives that were financially dependent upon the decedent, the following economic damages may be recovere= d in a wrongful death cases:

Reasonable medical, hospi= tal, funeral and burial expenses;
Reasonable cost of administration of the decedent’s estate; and
Lost earnings and househo= ld services that would have benefited the survivors.

In addition to damages for the economic harm set forth above, Colorado law per= mits spouses and dependent children to recover non-economic damages for “<= span class=3DSpellE>noneconomic loss or injury" such as

&nbs= p; 1. Loss of love, care and affection (= also known as ‘grief’ or ‘loss of consortium’); and,

&nbs= p; 2. Loss of parental guidance and trai= ning.

The Colorado legislature has enacted an alternative statute which allows recove= ry of damages for the wrongful death of a person with no dependents. The statu= te provides for the recovery of both economic and ‘= solatium’ damages. The economic damages include the reasonable medical, hospital, fun= eral and burial expenses that result from the wrongful death. An estate representative may elect= in writing to sue for and recover a solatium in the amount of fifty thousand dollars. Such solatium amount shall be in addition to economic damages and to reasonable funeral, burial, interment, or cremation expenses, which expenses may also be recove= red in an action.

Colorado’s Wrongful Death Act allows parents to recover economic dama= ges for the loss of the child’s services, the medical and funeral expenses for the deceased, and the cost of counseling for the surviving parents or m= inor siblings. The non-economic damages that may be recovered are damages for the lost love and companionship that the child could have provided to his paren= ts until the end of the last surviving parent’s life.

In any civil action other than medical malpractice actions in which damages fo= r noneconomic loss or injury may be awarded, the total = of such damages shall not exceed the sum of two hundred fifty thousand dollars, unless the court finds justification by clear and convincing evidence therefor. In no case shall the amount of noneconomic loss or injury damages exceed five hundred thousand dollars.

In some cases, death does not occur simultaneously with the wrongful act, in w= hich case the injured party (or the estate) may have a right to bring a ‘s= urvival action’ in addition to a wrongful death claim. The survival action must be brought within two (2) years of the date of the wrongful act.

The First Step in Pursing a Wrongful Death Claim

If you or a loved one has been affected as a result of= a wrongful death, call the Avery Law Firm now at (866) 9-URGENT [987-4368]. T= he initial consultation is free, and if we agree to accept your case, we will handle your case on a contingent fee basis, which means we get paid for our services only if there is a settlement or recovery of funds. There is no re= ason to hesitate. Contact us today for a free initial evaluation of your case.

AVERY LAW FIRM<= span style=3D'font-family:"Arial Rounded MT Bold"'>

NEW YORK-COLORADO-INDIANA

Toll Free Numbers:=

Phone: (866) 9-URGENT [987-43= 68]

Fax: (866) 33-FAXME [333-2963= ]

Email: avery@averylawfirm.com

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