Colorado Wrongful Death Attorney

Most Common Types Of Colorado Wrongful Death Cases

Wrongful death can occur at the time of the accident or due to complications from the resulting injuries. 

The most common types of wrongful death cases in Colorado include:

• Vehicle crashes: Crashes involving cars, trucks, motorcycles, and semi-trucks are a frequent cause of accidental fatalities from high-force impacts from speeding, reckless driving, and driving under the influence.  
• Medical malpractice: Errors committed by healthcare providers, such as surgical mistakes, delayed diagnosis, misdiagnosis, or improper treatment, could be the source of a wrongful death. 
• Workplace deaths: Deaths in the workplace can be caused from defective equipment, dangerous environments, and improper training.

Who Can File A Wrongful Death Claim In Colorado

Colorado allows the surviving spouse the right to file a wrongful death claim during the first year after the death. However, the surviving spouse can give written permission to children during the initial year to join the lawsuit with them. Otherwise, children will need to wait until the start of the second year after death to join the lawsuit or initiate their own.

Other exceptions for those who can file a wrongful death claim in Colorado during the first year include:

• In cases where there is no surviving spouse but surviving children, then the decedent’s children can file the claim. 
• In cases where there is no surviving spouse or children, then the decedent’s parents can file a wrongful death claim. 
• In cases where there is no surviving spouse, no children, and no parents of the decedent, then their siblings may file a wrongful death claim.

Otherwise, after the first year, other qualified individuals can file their own lawsuit or join the surviving spouse’s claim. In cases where the surviving spouse initiates the lawsuit in the second year, children and other designated beneficiaries have 90 days to join the lawsuit. 

How Long Do I Have To File A Wrongful Death Claim?

You only have a limited amount of time to file a wrongful death claim. Failure to do so forfeits all your legal rights to compensation. The Colorado statute of limitations is two years after the date of the accident that led to the death or the date of the death, whichever occurred first. 

However, there is an exception in cases of vehicular homicide that occurred as part of a hit-and-run car accident, which extends the statute of limitations from two years to four years.  

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How Is The Value Of A Wrongful Death Case Determined?

The value of a wrongful death case in Colorado is broken down into three different types of damages:

• Economic: Actual financial losses, such as medical bills, lost wages, and funeral expenses.
• Non-economic: Intangible losses, such as pain and suffering, loss of companionship, and loss of intimacy. 
• Punitive: These are exemplary damages awarded in cases where the defendant’s behavior or conduct was reckless or malicious enough to punish the defendant for their actions and serve as a deterrent to others.

The actual value of your wrongful death claim will vary based on the specific circumstances of your case. Some key information and updates recently made with the passing of HB 24-1472 to keep in mind are:

• Economic damages are not capped in Colorado for wrongful death claims.
• Non-economic damages are capped at $2.125 million for cases filed on or after January 1, 2025.
• There is no cap on non-economic damages if the wrongful death was the result of a felonious killing as defined by state statute.
• Starting January 1, 2028, and every two years thereafter, the non-economic damages cap will be adjusted, based on inflation.
• The wrongful death damages for medical malpractice cases are capped at $1.575 million as of January 1, 2025.
• As of January 1, 2025, the cap on non-economic damages for medical malpractice cases is $875,000. 
• There is a cap on punitive damages that cannot exceed the total compensatory (economic and non-economic) damages awarded.

Who Pays For A Wrongful Death Attorney?

A wrongful death attorney in Colorado is usually paid through contingency fees, meaning they only get paid after they reach a favorable settlement or verdict at trial. If they do not “win” the case, then no legal fees are due. So no legal fees are collected upfront, making it affordable for the surviving family to file their wrongful death claim against the negligent party. 

Contingency fees are calculated as a percentage of the total settlement or amount awarded at trial. They can range from 30% to 40%, with 33% being the average amount. For example, if your total settlement is $1 million, and the contingency fees are 33%, your net proceeds would be $670,000.  

Why Hire A Wrongful Death Attorney?

Hiring a wrongful death attorney can help provide the support and guidance you need during this difficult time. It can be challenging to attempt to navigate the legal processes on your own while grieving the loss of your loved one. Unfortunately, insurance companies are aware of your vulnerability and take advantage of it by offering the lowest possible settlement amount, while pretending to care. 

Some of the numerous benefits you gain by hiring a Colorado wrongful death attorney include:

• We offer a fee case evaluation and consultation.
• We take your case on a contingency basis.
• We explain your legal rights. 
• We make navigating the legal processes easier.
• We alleviate stress, anxiety, and worry, allowing you to grieve your loss.
• We deal with the insurance company on your behalf.
• We help gather evidence to support your claim and prove negligence.
• We maximize your compensation.
• We handle all negotiations to reach a favorable settlement.
• We aggressively litigate your case at trial, if needed.

Some additional reasons you should consider hiring Bachus & Schanker for assistance with your wrongful death claim are:

• Kyle Bachus has first-hand experience dealing with the wrongful death of a loved one.
• We have a caring, compassionate, and supportive legal team.
• You gain access to our Victim’s Advocates Team, a group of individuals who provide added support, guidance, and assistance throughout your case.
• You have access to a dedicated team of legal experts and your attorney whenever you have questions, concerns, or need support.
• We have multiple offices across Colorado.

While no amount of money can ever replace the loss of your loved one, our wrongful death attorneys will ensure you receive the compensation you deserve for a secure financial future. Contact us now to schedule a free case evaluation and consultation. We can even meet with you in your home. 

View Answers To Frequently Asked Wrongful Death Questions Here

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