What To Know About Wrongful Death Claims And Insurance Policies

Causes Of Wrongful Death Claims

Any negligent action that causes someone to lose their life can result in a wrongful death claim. 

These include:

Auto Accidents

If your loved one is involved in an auto accident and dies, your family may have grounds to file a wrongful death lawsuit — for example, when they are hit by a drunk or distracted driver, either as a driver or a pedestrian. The at-fault party’s insurance company should cover the damages your family suffers.

Medical Malpractice

A medical professional’s negligence, such as misdiagnosis, failure to diagnose, delayed diagnosis, medication errors, surgical errors, and failure to refer, can harm a patient. In some cases, these mistakes can lead to the death of a patient. In such an instance, the surviving family members may take action against the healthcare provider or hospital. 

Physicians are required to have commercial professional liability insurance coverage to protect them when they face a medical malpractice claim.

Product Liability

Cases of people losing their lives after using a particular product have been reported. Wrongful deaths caused by product liability can occur in different forms — for example, when someone loses control of their vehicle due to faulty brakes or when their car’s airbag fails to deploy during a crash, leading to their death. 

Children can also be victims of product liability-related deaths. For instance, some manufacturers release unsafe children products into the market, such as toys or car seats. 

Other examples of product liability cases that can result in wrongful death claims include those involving faulty medical devices, contaminated/unsafe food products, and defective drugs.

Manufacturers, distributors, and retailers should have product liability insurance to cover damages caused by products associated with them.

Workplace Injuries

If an employee loses their life due to a work-related injury or illness, their loved ones may claim compensation from the employer’s insurer — for example, when one is exposed to asbestos in their line of duty, developing mesothelioma that eventually leads to death, or when one dies from a work accident, such as falling from the roof or being electrocuted.

Premises Liability

Property owners should keep their properties safe. Not maintaining their property safely or warning of potential hazards are examples of an owner’s negligent actions that can lead to a wrongful death. 

If an accident happens on a property, such as a slip and fall or a dog attack, resulting in death, homeowners insurance can cover the damages suffered by the decedent’s surviving family members. If such an incident happens in a rental property, the renter’s insurance may cover the damages.

These are a few examples of cases covered by wrongful death insurance. Others that can be used as a basis for wrongful death claims are assault and battery, domestic violence, nursing home abuse/neglect, aviation accidents, boat accidents, drowning, and motorcycle accidents.

Parties That Can File A Wrongful Death Claim

Different parties can file a wrongful death lawsuit in Colorado, depending on the period that has passed after the deceased’s death. The state has an order of priority to ensure those who financially rely on the deceased are compensated.

In the first year after the death, the surviving spouse is the only party that can file a wrongful death claim. However, they can allow the heirs to file by a written election.

If there is no surviving spouse, the heirs of the deceased or designated beneficiaries can file the lawsuit. If there are no heirs or designated beneficiaries, the parents of the deceased can file.

If the deceased was an unmarried minor without descendants and there are no parents, then the sibling(s) of the deceased or the heirs of the siblings can file the lawsuit.

In the second year after the death, the surviving spouse, heirs, and designated beneficiaries have the right to file a wrongful death lawsuit. They can file separate claims, or a party can join another’s. If these parties aren’t present, the order of priority moves to the sibling(s) of the deceased or the heirs of the deceased.

If you are among these parties, contact us for a free evaluation to learn more about your case and your rights to filing. 

Statute Of Limitations

The parties discussed above must observe a statute of limitations when filing a wrongful death lawsuit against the at-fault parties. In Colorado, this period is two years. Not filing a lawsuit within this period may threaten a family’s eligibility to receive the compensation they deserve.

Nonetheless, the circumstances that led to the death may specify the statute of limitations to be followed. For example, family members of someone who lost their life in a vehicular homicide have up to four years to file a claim.

Damages Covered In Wrongful Death Lawsuits

Those qualified to file a wrongful death lawsuit can claim economic and non-economic damages. Economic losses are tangible (easily visible and calculated) and include funeral, burial, internment, or cremation expenses, lost wages, and medical expenses. 

Non-economic damages include pain and suffering, emotional stress, and loss of consortium (loss of love, comfort, support, and companionship, among other benefits that a familial or intimate relationship offers). 

Punitive damages can also be recovered in wrongful death claims. Note that wrongful death damages have a cap of $2.125 million. Starting January 1, 2028, and every two years thereafter, this cap will be adjusted based on inflation. 

Additionally, starting January 1, 2025, the medical malpractice wrongful death damages limitation will be $1.575 million, and that of non-economic damages will be $875,000. These regulations will be in effect for five years. After that, it will be adjusted every two years for inflation.

What We Can Do For You

Dealing with the loss of a loved one can be devastating. If you add investigating a case, gathering evidence, preparing and filing paperwork, calculating damages, and handling negotiations, your situation can become more complicated. Our lawyers can help you with these tasks, allowing you and your loved ones to focus on family matters. Our team of wrongful death lawyers are here to help you throughout the process. We are conveniently located at five Colorado locations near you in Denver, Fort Collins, Colorado Springs, Aurora, and Englewood. We also have an office in Cheyenne, Wyoming. Contact us today!

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