Average Wrongful Death Settlement in Colorado

Why Wrongful Death Settlements Vary Widely

There is no established average settlement for wrongful death cases in Colorado. These types of cases vary based on several factors, including:

• The complexity of the case.
• The circumstances of the death.
• The age of the victim.
• The financial contributions and income of the decedent.
• The actual financial losses incurred.
• The future earning potential of the deceased.
• The strength of the evidence.
• The extent of negligence.
• Insurance policy coverage caps and limits.
• Colorado compensation caps.

As such, this is why you see one case settle for $14 million, another for $2 million, and yet another for $800,000. Generally, most wrongful death settlements are significantly higher than other types of personal injury cases. 

Never Accept a Settlement Offer Without Legal Advice

When someone dies in a car accident, due to medical malpractice, or unsafe work conditions, the insurers will want to settle the case quickly to avoid having to pay out large amounts of compensation. While the defendant’s insurance company will seem supportive and caring, it is vital to remember that they want you to settle for the least amount of money.

They will be quick to make you an offer covering your current financial losses but often overlook the long-term impacts the loss of your loved one has on you and your family. They also do not account for the emotional suffering and pain you are experiencing. Additionally, insurance adjusters will take advantage of your vulnerability during this difficult time in hopes that you settle.

Should you accept their offer without obtaining legal advice, you cannot seek any further compensation from the defendant or their insurance company. Before accepting any settlement offer, take the time to schedule a free consultation to speak with an experienced wrongful death attorney in Colorado and find out your rights under wrongful death law. You just might be surprised your average settlement for wrongful death is significantly more than what you are being offered.

Difference Between Economic and Non-Economic Damages in Wrongful Death Cases

Economic damages are verifiable financial losses experienced due to the untimely death of your loved one. They could include:

• Current lost wages
• Lost future earnings
• Medical expenses
• Loss of benefits, such as insurance or retirement
• Loss of household services, like childcare or maintenance
• Funeral and burial expenses

Non-economic damages are intangible losses without an actual value related to the psychological and emotional impacts the death has on you and your family, including:

• Pain and suffering
• Grief
• Mental anguish
• Emotional distress
• Loss of companionship
• Loss of consortium
• Loss of parental guidance
• Loss of emotional support

In some situations, the average settlement for wrongful death cases in Colorado will have significantly higher economic losses than non-economic losses, especially when the decedent was young. Conversely, other average settlements from wrongful death could have higher non-economic damages and lower economic losses, which could occur when the deceased is older.

How Colorado Caps May Limit Recovery

Colorado does not place a cap on economic damages, allowing you to fully recover all financial losses in wrongful death claims. However, state laws impose caps on non-economic damages. Fortunately for victims, the state did increase these caps for cases filed on or after January 1, 2025, as follows:

• $2.125 million cap for wrongful death cases that are not medical malpractice.
• Increasing medical malpractice wrongful death damages to $1.575 million over the course of five years.

When Punitive Damages May Be Awarded

Punitive damages are a third type of compensation sometimes awarded in wrongful death cases. It is based on the defendant’s conduct and behavior when it goes beyond mere negligence, and includes:

• Maliciousness
• Deliberate, spiteful intent
• Intentional deception
• Recklessness with indifference to the consequences
• Willful and wanton conduct

These damages are meant to punish the defendant for their actions and serve as a deterrent to others. The amount could range from one to three times the total compensatory damages awarded, which is the total amount of economic and non-economic damages.

The Role of Victim Advocates and Holistic Support in Colorado

Victim advocates and holistic support are essential in wrongful death claims. They go beyond simply seeking monetary compensation from the negligent party. They provide trauma-informed assistance, emotional support, and advocacy for the surviving family members.

They also help ensure any victims’ rights are enforced and provide assistance in finding grief counseling and financial assistance until their case is settled.

Victim Advocate Support in Colorado Wrongful Death Cases

At Bachus & Schanker, we provide our clients direct access to our own team of professional victim advocates. These individuals work in law enforcement, healthcare, and other related fields to help families be able to “breathe” during an already overwhelming time.

Some of the many ways our advocates help families include:

• Protects victims’ and families’ rights throughout the legal process.
• Enter appearances and assist with court-related matters.
• Accompanies families to court and provide in-person support.
• Helps prepare, submit, and read victim impact statements.
• Assists with cultural and heritage-specific needs and recognizes diverse backgrounds.
• Assists in obtaining trauma-informed care.
• Helps families navigate estate and property-related issues, life insurance questions, and probate-related concerns.
• Assists with the relocation of animals or pets.
• Helps with housing relocation, selling, packing, or moving, when needed.
• Connects families with community resources for household or transitional needs.

Additionally, our Victim’s Advocate team also provide their expertise in catastrophic and serious injury cases, and help with:

• ADA compliance or housing modifications.
• Coordination with housing providers or landlords.
• Access to life coaching, counseling, and trauma-informed support.
• Assistance with disability paperwork, employment resources, and long-term planning.

Our goal is to ensure each of our clients experiencing the tragic loss of a loved one or the long-term impact of a catastrophic injury has access to the resources and support they need beyond our legal representation.

Get Caring, Compassionate Support and Expert Legal Advice for Wrongful Death Cases in Colorado

You are not alone when attempting to get through the worst time of your life after the unexpected loss of your loved one. Let Bachus & Schanker deal with the legal aspects of your case and provide the added support you need from our Victim’s Advocates team.

Together, we will ensure you receive maximum compensation for your loss from the responsible party. Request your free consultation at any of our Colorado law offices now. We can even meet with you at your house.

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