Wrongful Death of a Minor

What Qualifies as the Wrongful Death of a Minor Under Colorado Law?

In Colorado, the wrongful death of a minor is the death of anyone under 21 as a result of the negligent, reckless, or intentional act of another party. It can involve deaths that occur because of car accidents, medical malpractice, unsafe property conditions, or dangerous products.

Who Is Legally Allowed To Bring a Claim After the Death of a Child? 

The wrongful death claim process allows parents and guardians to bring a claim forward after the death of a child. The parents or guardians can be biological or adoptive. If they are separated or divorced, the parents both still have legal standing to file a claim. They can do this together or in two different legal actions.

Common Causes and Types of Negligence That Lead To Child Wrongful Death Cases 

Cases that involve the wrongful death of a minor are often the result of preventable accidents. Car crashes are the leading cause of these deaths. Distracted, reckless, or impaired driving can all lead to catastrophic accidents that could cause the death of a child.

Unfortunately, medical malpractice is also a significant problem. It involves a medical professional offering substandard care and causing harm. Misconduct or negligence during childbirth, the failure to diagnose life-threatening illnesses or injuries, and medication errors cause the highest number of child wrongful death patients’ cases.

Additionally, unsafe premises can lead to fatal falls or drownings in unguarded swimming pools, while dangerous products can expose children to chemicals, tip-over furniture, faulty car seats, and toxic toys.

There are a few different types of negligence that could apply to these cases. Simple negligence is the most common. It involves another party failing to use the standard of care that a reasonable person would have exercised in the same situation.

Gross negligence is a more severe form of misconduct. It involves a reckless disregard for the safety of the child. An example would be a daycare center near a dangerous main road not taking steps to closely monitor children.

Product liability is another type of negligence. It holds manufacturers and other parties responsible for the injuries that their products cause as a result of manufacturing, design, or failure-to-warn errors.

There is also vicarious liability. It is a legal doctrine that holds employers accountable for the actions of their employees while acting within the scope of their employment.

What Families Can Recover in a Wrongful Death Claim

In a wrongful death claim involving minors, families can recover economic and non-economic damages. Economic damages assist in addressing tangible financial losses, such as medical expenses and funerary costs. Families can claim the lost future wages their child would have received throughout their working life as well.

Non-economic damages are also available in these cases. Parents or guardians can receive compensation for the deprivation of their child’s love, for the grief they have experienced, and for the suffering that the child lived through before passing.

Key Legal Differences When the Victim Is a Minor vs. an Adult 

One of the main differences in these claims is who has the right to file. In cases involving children, the parents or guardians are typically the only ones who have a right to begin the claim.

In adult cases, the surviving spouse can file first, followed by any children. The parents of an adult can only file a claim if the deceased left behind no spouse or children.

The damages will also be a bit different. In cases involving a minor, there will be a focus on non-economic losses because children don’t have an established income and employment record. For adults, there are tangible financial losses that can be considered based on their income history.

Time Limits for Filing and Why Acting Quickly Matters

The Colorado statutes of limitations place a deadline on these legal actions. In most instances, you will only have two years from the date of the death to begin a claim. If the death occurred because of a motor vehicle, you may have up to three years. If you miss the deadline, you won’t be allowed to begin a claim.

Why These Cases Are Legally and Emotionally Complex 

Wrongful death claims involving children are particularly complex because they require establishing concrete financial losses that may not be easy to calculate. Estimating the child’s future lost wages is particularly difficult.

There will also be significant difficult emotions that the parents have to navigate when they file this type of claim. That makes the process even more complicated.

How an Experienced Attorney Helps Investigate and Build the Case 

Having an experienced attorney by your side makes a crucial difference in these cases. The process of proving negligence in wrongful death cases is difficult and requires gathering significant amounts of strong evidence to connect the other party’s conduct to the child’s death. An attorney can launch an investigation and gather the evidence.

All too often, wrongful death claims require going after hospitals, schools, or other facilities. You can expect these companies to have legal teams ready to discredit your claim. By hiring legal representation, you have a chance to obtain what your family deserves after the death of your child.

Additionally, attorneys will know how to calculate your full losses and will fight to get you the type of settlement you need. They know how to negotiate with insurers to accomplish this. If there are disputes and reaching a settlement is not possible, your lawyers can pursue your claim in court.

What Families Should Expect From the Legal Process With Bachus & Schanker

At Bachus & Schanker, we place a focus on making you feel understood and cared for. We will never treat a client like just a number; instead, we will personalize all of our services to meet your exact needs. We know just what a toll the loss of a loved one can take, so we are here to offer the support you deserve. Don’t wait to start your claim.

Legal Support Across Colorado and Nationwide

Serving Clients Nationwide

Related Wrongful Death Resources