Common Causes Of Wrongful Death In Colorado

What Are The Most Common Causes Of Wrongful Death In Colorado?

According to the CDC, wrongful death from accidents and unintentional injuries is the third leading cause of death in the country in 2024, resulting in:

• 68.1 deaths per 100,000 people
• 227,039 total deaths
• 44,630 unintentional fall deaths
• 44,543 motor vehicle deaths
• 102,958 deaths from unintentional poisoning

The most common causes of wrongful death in Colorado include:

• Motor Vehicle Accidents: In 2024, CDOT reported 96,873 crashes statewide, with 630 fatal accidents and 686 fatalities. When another driver’s actions result in death, they can be held responsible for taking another person’s life.  
• Workplace Accidents: Most workplace accidents fall under workers’ compensation laws. However, when there is an explosion, equipment malfunctions, and other such hazards that cause serious and fatal injuries, employers could be held responsible for the loss of life. 
• Medical Malpractice: Healthcare providers have a duty of care to ensure no harm comes to patients they are treating. Medical malpractice cases can occur from misdiagnosis, prescribing the wrong treatment or prescriptions, surgical errors, birth errors, and equipment malfunctions. 
• Slip-and-fall Accidents: While many people do not consider slip-and-fall accidents deadly, there are times when they can be. For example, if a person falls down a long flight of stairs due to a defective handrail, they could experience extensive and deadly injuries. Another example is if a ski lift’s seat belt system fails and a skier falls out of the lift. 
• Defective Products: When a company produces a faulty product resulting in personal injuries, they can be held responsible under product liability laws. One of the more famous product liability cases is the unintentional acceleration and stuck accelerator claims on Toyota vehicles in 2009 and 2010, which resulted in numerous injuries and deaths. 
• Premises Liability: Property and business owners have a duty of care to ensure guests are kept reasonably safe. They must inform guests of any potential hazards or dangers on their property. When they fail to do so, or if they do not maintain the property, injury-causing accidents could occur that result in death. For example, the lighting over a concert stage was not secured correctly and fell into the audience during the concert, resulting in several deaths. 
• Ski Accidents: The conditions at ski resorts can present hazards and dangers that could result in fatal injuries and accidents. When ski resorts fail to take steps to ensure guests are kept reasonably safe or fail to warn guests about potential dangers, they can be held responsible for wrongful death. 

The Most Frequent Wrongful Death Accidents In Colorado

The most frequent types of wrongful death accidents in Colorado are motor vehicle accidents, including:

• Car Accidents
• Truck Accidents
• Motorcycle Accidents

The second most frequent type of wrongful death accident in the state is workplace accidents. According to the Colorado Department of Public Health & Environment, there are 112 work-related fatalities annually. 

Pedestrian accidents account for the third most frequent type of wrongful death. In 2024, there were 1,449 pedestrian accidents, with 1,104 injuries and 109 pedestrian fatalities reported by CDOT.  

Understanding Wrongful Death In Colorado

Wrongful death in Colorado occurs when another person’s behaviors and actions result in the loss of life due to their negligence, intentional acts, or recklessness. While no amount of money can replace the loss of life, you have the right to file a wrongful death case against the responsible party. In some cases, the responsible party could face both criminal and civil lawsuits. However, there are some key differences you need to know:

• Criminal lawsuits: In criminal lawsuits, the person is charged with a criminal offense, like involuntary manslaughter. They could face potential jail time and other criminal penalties. Criminal cases do not provide any financial relief for the surviving family and are meant as a punishment for the person’s actions because they took another’s life.
• Civil lawsuits: The surviving family members file a lawsuit against the responsible party and their insurance company to seek financial compensation for the loss of their loved one. Civil cases are usually easier to win because you only need to show that the individual’s negligence results in wrongful death. 

What Constitutes Wrongful Death In Colorado?

What constitutes wrongful death in Colorado requires providing sufficient evidence showing that another’s actions and behaviors resulted in negligence and the death of an individual. Generally, you must show:

• The person owed a duty of care
• They failed to provide that duty of care
• Their failure resulted in the accident and death of another
• The victim and their surviving family experience actual losses

Time Limits And Legal Deadlines For Wrongful Death Claims In Colorado

You need to be aware of the Colorado wrongful death statute of limitations for filing a wrongful death claim. There is only a two-year time limit to file your claim against the responsible party. If you do not file within this period, you cannot seek compensation for any losses later. Speaking to an experienced wrongful death lawyer as soon as possible is vital to ensure you protect your legal rights, and file your claim within the allowed time limit. 

What You Need To Know About Filing A Wrongful Death Lawsuit In Colorado

Filing a wrongful death lawsuit in Colorado can be rather complicated and complex. The state allows for only one lawsuit to be filed against the defendant, regardless of the number of plaintiffs in the case. 

During the first year after the loss of a loved one, the surviving spouse is the only one who can file. However, the surviving spouse can permit their children to join them in the lawsuit or file their own claim when the spouse chooses not to.

After the initial year, if the surviving spouse has not filed, the children can file their own lawsuit. In cases where there is no surviving spouse or children, the designated beneficiary or parents of the deceased can initiate the lawsuit at any time during the two-year period. 

How Bachus & Schanker Can Help With Your Wrongful Death Case

Kyle Bachus from Bachus & Schanker understands first-hand the tragedy of losing a loved one unexpectedly due to another’s negligence. Our law firm has an Elite Litigation Group specifically for wrongful death cases that also provides access to our Victim’s Advocates for added support and guidance during this challenging time. Our compassionate and caring wrongful death attorneys gather the necessary evidence to aggressively advocate on your behalf while allowing you the time to grieve your loss.