Call Us!Can Siblings File A Wrongful Death Claim?
The loss of a loved one is almost always heartbreaking. It is especially so when it has been caused by the negligence or recklessness of someone else. But the law can bring some amount of comfort and justice in these cases. That’s where the attorneys of Bachus & Schanker can help.
You may be wondering if a sibling may be able to sue for wrongful death. The answer is yes, in some instances, if certain conditions are met.
As of January 1, 2025 there have been a number of changes to Colorado law according to whom may file wrongful death claims. In the past, the law was much more restrictive, but this new change makes it easier for siblings to file for wrongful death claims and potentially receive compensation.
However, a number of factors must be met before a wrongful death lawsuit may be brought by a sibling of the deceased. Below, we’ll tell you about those factors, and how they may impact your case.
As always, if you think you may need to file a claim, you can always contact us for a free case review. We are compassionate wrongful death lawsuit lawyers, and we’re standing by to help you get the justice and closure you deserve.
When Can Siblings File A Wrongful Death Claim?
As of January 1, 2025, the law has changed for whom may file for a wrongful death lawsuit, and when, particularly for siblings. Colorado House Bill 24-1472 reads:
“IF, AT THE TIME OF DEATH, THERE IS NO SPOUSE, NO HEIR OR HEIRS, AND NO DESIGNATED BENEFICIARY, OR, IF THE DECEASED WAS AN UNMARRIED MINOR WITHOUT DESCENDANTS OR AN UNMARRIED ADULT WITHOUT DESCENDANTS, AND THERE IS NO MOTHER AND NO FATHER OF THE DECEASED…”
The individual or individuals may now file a wrongful death claim in the first year of death.
In plain English, this means that when your loved one unfortunately died, and:
- There is no spouse or heirs (generally children).
AND
- There is no other designated beneficiary, like in a will.
OR - If the deceased person was a minor who was not married, with no parents.
OR - The deceased was an unmarried adult without any descendants (children), and there is no mother and father of the deceased.
THEN
- Siblings are able to sue for wrongful death in the first year of death.
What Types Of Damages Can Be Recovered In A Lawsuit For Wrongful Death?
There are generally two types of damages people can claim in wrongful death lawsuits: economic damages and non-economic damages.
Economic damages are, in layman’s terms, damages that can have a distinct price put on them. These include:
- Medical expenses prior to death
- Funeral costs
- Loss of financial support that the diseased person could have contributed
- Loss of benefits like insurance and pensions from the deceased
The monetary amount of these damages are unlimited. This means there is no upper limit to these kinds of damages families can claim from wrongful death lawsuits.
The other type of damages are called non-economic damages. These include things that are more difficult to put a distinct number on. They may include:
- Pain and suffering
- Emotional damage
- Grief
- Trauma
- Loss of companionship
- Etc.
As of 2025, non-economic damages have been changed in the Colorado General Assembly. Unlike economic damages, these kinds of damages do have a cap on how much can be paid out. In this last bill, the cap was increased to 1.125 million dollars, although this is subject to inflation increases beginning in 2028.
What Is Wrongful Death Under Colorado Law?
In Colorado, a wrongful death is when someone is killed due to negligence or recklessness on behalf of another party. This means that someone acted out of accordance with their duties as a citizen, and that resulted in a death. The most common occurrences of wrongful death are during incidences like:
- Car and truck accidents.
- Medical malpractice cases.
- Workplace and industrial accidents.
- Incidents with products that are dangerous or defective.
- Other situations where someone is killed by the negligence or recklessness of others.
How Can A Wrongful Death Lawyer Help Siblings?
If you are the sibling of someone you believe has been wrongfully killed, we can help you get justice. As licensed attorneys in Colorado, we can file claims for you in court that may help bring you closure.
As wrongful death attorneys in Colorado, we can help:
- Determine who is eligible to file for a wrongful death, including for siblings.
- Make sure you get a fair investigation of the case, or undertake our own.
- File the correct legal paperwork at the correct time.
- Negotiate with insurance companies
- Pursue generous settlements.
- Take your case to trial.
One thing that sets us apart from other law firms is our commitment to victims by providing our clients with dedicated Victims Advocates, who can help with anything from ensuring your Americans With Disabilities Act rights are followed, to helping you get a fair and thorough investigation.
Why Choose Bachus & Schanker For Your Wrongful Death Case?
The most important reason to choose Bachus & Schakner is because we have been through situations like this before ourselves. We understand the pain that comes from losing a loved one, and the frustration that comes in dealing with a legal system not always set up to be favorable to victims.
In fact, Kyle Bachus, one of the owners of Bachus & Schanker law firm, went through a tragic loss when his mother was hit by a negligent driver. Attorney Bachus and his family had a very difficult time dealing with the justice system, and now we want to ensure it doesn’t happen to anyone else again.
We also have extensive experience in wrongful death cases, a top-notch legal team, and no up-front fees. You can contact us right now for an absolutely free, no pressure case review. We can tell you if you may have a claim, and we only get paid if you do.
As mentioned above, we also employ a team of advocates to help explain and usher you through the legal process, which can often be opaque or intimidating. We do this to ensure you have the smoothest experience possible with the legal system. We know, from firsthand experience, how difficult it can be when losing a loved one, and we employ a team specifically to make this time easier for you.
How Can Bachus & Schanker Support Siblings Filing A Claim?
If you are the sibling of someone who has died, and you think you may have a wrongful death claim, call us today for a free case review. We can provide the answers you need, a team that can get justice, and the support to make navigating the legal system easy during a troubling time.
Don’t figure this out alone. Give us a call today and allow us to help you. The legal team at Bachs & Schanker is ready to provide the answers you need, and the justice you deserve.
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Related Wrongful Death Resources
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Attorney Kyle Bachus knows first-hand how difficult it can be to suddenly lose a loved one in an accident. It’s also devastating when you or a family member suffers severe injuries that forever change your lives. Kyle wrote this book as a resource from his personal experience for families who have suffered a traumatic loss.
A Spanish edition of the book is also available, offering the same support and guidance to Spanish-speaking families.
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